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Status:

This version of this Act contains provisions that are prospective.

Changes to legislation:

Tribunals, Courts and Enforcement Act 2007 is up to date with all changes known to be in force on or before 02 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

E+W+S+N.I.

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.

[19th July 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

(2)A person is also a judge of the First-tier Tribunal, but only as regards functions of the tribunal in relation to appeals such as are mentioned in subsection (1) of section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), if the person is an adjudicator appointed under that section by the Scottish Ministers.

(3)A person is one of the other members of the First-tier Tribunal if the person—

(a)is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2,

(b)is a transferred-in other member of the First-tier Tribunal (see section 31(2)),

(c)is one of the other members of the Upper Tribunal, or

(d)is a member of a panel of members of employment tribunals that is not a panel of [F6Employment Judges].

(4)Schedule 2—

contains provision for the appointment of persons to be judges or other members of the First-tier Tribunal, and

makes further provision in connection with judges and other members of the First-tier Tribunal.

7Chambers: jurisdiction and PresidentsE+W+S+N.I.

(1)The Lord Chancellor may, with the concurrence of the Senior President of Tribunals, by order make provision for the organisation of each of the First-tier Tribunal and the Upper Tribunal into a number of chambers.

(2)There is—

(a)for each chamber of the First-tier Tribunal, and

(b)for each chamber of the Upper Tribunal,

to be a person, or two persons, to preside over that chamber.

(3)A person may not at any particular time preside over more than one chamber of the First-tier Tribunal and may not at any particular time preside over more than one chamber of the Upper Tribunal (but may at the same time preside over one chamber of the First-tier Tribunal and over one chamber of the Upper Tribunal).

(4)A person appointed under this section to preside over a chamber is to be known as a Chamber President.

(5)Where two persons are appointed under this section to preside over the same chamber, any reference in an enactment to the Chamber President of the chamber is a reference to a person appointed under this section to preside over the chamber.

(6)The Senior President of Tribunals may (consistently with subsections (2) and (3)) appoint a person who is the Chamber President of a chamber to preside instead, or to preside also, over another chamber.

(7)The [F13Senior President of Tribunals] may (consistently with subsections (2) and (3)) appoint a person who is not a Chamber President to preside over a chamber.

(8)Schedule 4 (eligibility for appointment under subsection (7), appointment of Deputy Chamber Presidents and Acting Chamber Presidents, assignment of judges and other members of the First-tier Tribunal and Upper Tribunal, and further provision about Chamber Presidents and chambers) has effect.

(9)Each of the Lord Chancellor and the Senior President of Tribunals may, with the concurrence of the other, by order—

(a)make provision for the allocation of the First-tier Tribunal's functions between its chambers;

(b)make provision for the allocation of the Upper Tribunal's functions between its chambers;

I1S. 7 wholly in force at 3.11.2008; s. 7 not in force at Royal Assent see s. 148; s. 7(1)(9) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 7(2)-(8) in force at 3.11.2008 by S.I. 2008/2696, {art . 5(a)}

8Senior President of Tribunals: power to delegateE+W+S+N.I.

(1)The Senior President of Tribunals may delegate any function he has in his capacity as Senior President of Tribunals—

(a)to any judge, or other member, of the Upper Tribunal or First-tier Tribunal;

(b)to staff appointed under section 40(1).

[F14(1A)A function under paragraph 1(1) or 2(1) of Schedule 2 may be delegated under subsection (1) only to a Chamber President of a chamber of the Upper Tribunal.]

(2)Subsection (1) does not apply to functions of the Senior President of Tribunals [F15under any of the following—

section 7(7);

section 7(9);

paragraph 2(1) of Schedule 3;

paragraph 7(1) of Schedule 3;

paragraph 2 of Schedule 4;

paragraph 5(1) and (3) of Schedule 4;

paragraph 5(5) to (8) of Schedule 4;

paragraph 5A(2)(a) of Schedule 4;

paragraph 5A(3)(a) of Schedule 4.]

(3)A delegation under subsection (1) is not revoked by the delegator's becoming incapacitated.

(4)Any delegation under subsection (1) that is in force immediately before a person ceases to be Senior President of Tribunals continues in force until varied or revoked by a subsequent holder of the office of Senior President of Tribunals.

(5)The delegation under this section of a function shall not prevent the exercise of the function by the Senior President of Tribunals.

Review of decisions and appealsE+W+S+N.I.

9Review of decision of First-tier TribunalE+W+S+N.I.

(1)The First-tier Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 11(1) (but see subsection (9)).

(2)The First-tier Tribunal's power under subsection (1) in relation to a decision is exercisable—

(a)of its own initiative, or

(b)on application by a person who for the purposes of section 11(2) has a right of appeal in respect of the decision.

(3)Tribunal Procedure Rules may—

(a)provide that the First-tier Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;

(b)provide that the First-tier Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;

(c)provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;

(d)provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the First-tier Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.

(4)Where the First-tier Tribunal has under subsection (1) reviewed a decision, the First-tier Tribunal may in the light of the review do any of the following—

(a)correct accidental errors in the decision or in a record of the decision;

(b)amend reasons given for the decision;

(c)set the decision aside.

(5)Where under subsection (4)(c) the First-tier Tribunal sets a decision aside, the First-tier Tribunal must either—

(a)re-decide the matter concerned, or

(b)refer that matter to the Upper Tribunal.

(6)Where a matter is referred to the Upper Tribunal under subsection (5)(b), the Upper Tribunal must re-decide the matter.

(7)Where the Upper Tribunal is under subsection (6) re-deciding a matter, it may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-deciding the matter.

(8)Where a tribunal is acting under subsection (5)(a) or (6), it may make such findings of fact as it considers appropriate.

(9)This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 11(1), but the First-tier Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).

(10)A decision of the First-tier Tribunal may not be reviewed under subsection (1) more than once, and once the First-tier Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.

(11)Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (10) to be taken to be different decisions.

10Review of decision of Upper TribunalE+W+S+N.I.

(1)The Upper Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 13(1) (but see subsection (7)).

(2)The Upper Tribunal's power under subsection (1) in relation to a decision is exercisable—

(a)of its own initiative, or

(b)on application by a person who for the purposes of section 13(2) has a right of appeal in respect of the decision.

(3)Tribunal Procedure Rules may—

(a)provide that the Upper Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;

(b)provide that the Upper Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;

(c)provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;

(d)provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the Upper Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.

(4)Where the Upper Tribunal has under subsection (1) reviewed a decision, the Upper Tribunal may in the light of the review do any of the following—

(a)correct accidental errors in the decision or in a record of the decision;

(b)amend reasons given for the decision;

(c)set the decision aside.

(5)Where under subsection (4)(c) the Upper Tribunal sets a decision aside, the Upper Tribunal must re-decide the matter concerned.

(6)Where the Upper Tribunal is acting under subsection (5), it may make such findings of fact as it considers appropriate.

(7)This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 13(1), but the Upper Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).

(8)A decision of the Upper Tribunal may not be reviewed under subsection (1) more than once, and once the Upper Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.

(9)Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (8) to be taken to be different decisions.

Annotations:

Commencement Information

I3S. 10 wholly in force at 3.11.2008; s. 10 not in force at Royal Assent see s. 148; s. 10(3) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 10(1)(2)(4)-(9) in force at 3.11.2008 by S.I. 2008/2696, {art . 5(a)}

11Right to appeal to Upper TribunalE+W+S+N.I.

(1)For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the Upper Tribunal on any point of law arising from a decision made by the First-tier Tribunal other than an excluded decision.

(2)Any party to a case has a right of appeal, subject to subsection (8).

(3)That right may be exercised only with permission (or, in Northern Ireland, leave).

(4)Permission (or leave) may be given by—

(a)the First-tier Tribunal, or

(b)the Upper Tribunal,

on an application by the party.

(5)For the purposes of subsection (1), an “excluded decision” is—

(a)any decision of the First-tier Tribunal on an appeal made in exercise of a right conferred by the Criminal Injuries Compensation Scheme in compliance with section 5(1)(a) of the Criminal Injuries Compensation Act 1995 (c. 53) (appeals against decisions on reviews),

[F16(aa)any decision of the First-tier Tribunal on an appeal made in exercise of a right conferred by the Victims of Overseas Terrorism Compensation Scheme in compliance with section 52(3) of the Crime and Security Act 2010,]

(b)any decision of the First-tier Tribunal on an appeal under section 28(4) or (6) of the Data Protection Act 1998 (c. 29) (appeals against national security certificate),

(c)any decision of the First-tier Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against national security certificate),

(d)a decision of the First-tier Tribunal under section 9—

(i)to review, or not to review, an earlier decision of the tribunal,

(ii)to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal,

(iii)to set aside an earlier decision of the tribunal, or

(iv)to refer, or not to refer, a matter to the Upper Tribunal,

(e)a decision of the First-tier Tribunal that is set aside under section 9 (including a decision set aside after proceedings on an appeal under this section have been begun), or

(f)any decision of the First-tier Tribunal that is of a description specified in an order made by the Lord Chancellor.

(6)A description may be specified under subsection (5)(f) only if—

(a)in the case of a decision of that description, there is a right to appeal to a court, the Upper Tribunal or any other tribunal from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or

(b)decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.

(7)Where—

(a)an order under subsection (5)(f) specifies a description of decisions, and

(b)decisions of that description are made in carrying out a function transferred under section 30,

the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).

(8)The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).

13Right to appeal to Court of Appeal etc.E+W+S+N.I.

(1)For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the relevant appellate court on any point of law arising from a decision made by the Upper Tribunal other than an excluded decision.

(2)Any party to a case has a right of appeal, subject to subsection (14).

(3)That right may be exercised only with permission (or, in Northern Ireland, leave).

(4)Permission (or leave) may be given by—

(a)the Upper Tribunal, or

(b)the relevant appellate court,

on an application by the party.

(5)An application may be made under subsection (4) to the relevant appellate court only if permission (or leave) has been refused by the Upper Tribunal.

(6)The Lord Chancellor may, as respects an application under subsection (4) that falls within subsection (7) and for which the relevant appellate court is the Court of Appeal in England and Wales or the Court of Appeal in Northern Ireland, by order make provision for permission (or leave) not to be granted on the application unless the Upper Tribunal or (as the case may be) the relevant appellate court considers—

(a)that the proposed appeal would raise some important point of principle or practice, or

(b)that there is some other compelling reason for the relevant appellate court to hear the appeal.

[F17(6A)Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—

(a)that the proposed appeal would raise some important point of principle[F18or practice], or

(b)that there is some other compelling reason for the court to hear the appeal.]

(7)An application falls within this subsection if the application is for permission (or leave) to appeal from any decision of the Upper Tribunal on an appeal under section 11.

(8)For the purposes of subsection (1), an “excluded decision” is—

(a)any decision of the Upper Tribunal on an appeal under section 28(4) or (6) of the Data Protection Act 1998 (c. 29) (appeals against national security certificate),

(b)any decision of the Upper Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against national security certificate),

(c)any decision of the Upper Tribunal on an application under section 11(4)(b) (application for permission or leave to appeal),

(d)a decision of the Upper Tribunal under section 10—

(i)to review, or not to review, an earlier decision of the tribunal,

(ii)to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal, or

(iii)to set aside an earlier decision of the tribunal,

(e)a decision of the Upper Tribunal that is set aside under section 10 (including a decision set aside after proceedings on an appeal under this section have been begun), or

(f)any decision of the Upper Tribunal that is of a description specified in an order made by the Lord Chancellor.

(9)A description may be specified under subsection (8)(f) only if—

(a)in the case of a decision of that description, there is a right to appeal to a court from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or

(b)decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.

(10)Where—

(a)an order under subsection (8)(f) specifies a description of decisions, and

(b)decisions of that description are made in carrying out a function transferred under section 30,

the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).

(11)Before the Upper Tribunal decides an application made to it under subsection (4), the Upper Tribunal must specify the court that is to be the relevant appellate court as respects the proposed appeal.

(12)The court to be specified under subsection (11) in relation to a proposed appeal is whichever of the following courts appears to the Upper Tribunal to be the most appropriate—

(a)the Court of Appeal in England and Wales;

(b)the Court of Session;

(c)the Court of Appeal in Northern Ireland.

(13)In this section except subsection (11), “the relevant appellate court”, as respects an appeal, means the court specified as respects that appeal by the Upper Tribunal under subsection (11).

(14)The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).

(15)Rules of court may make provision as to the time within which an application under subsection (4) to the relevant appellate court must be made.

I5S. 13 wholly in force at 3.11.2008; s. 13 not in force at Royal Assent see s. 148; s. 13(6)(8)(f)(9)(10)(14)(15) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 13(1)-(5)(7)(8)(a)-(e)(11)-(13) in force at 3.11.2008 by S.I. 2008/2696, art. 5(a)

14Proceedings on appeal to Court of Appeal etc.E+W+S+N.I.

(1)Subsection (2) applies if the relevant appellate court, in deciding an appeal under section 13, finds that the making of the decision concerned involved the making of an error on a point of law.

(2)The relevant appellate court—

(a)may (but need not) set aside the decision of the Upper Tribunal, and

(b)if it does, must either—

(i)remit the case to the Upper Tribunal or, where the decision of the Upper Tribunal was on an appeal or reference from another tribunal or some other person, to the Upper Tribunal or that other tribunal or person, with directions for its reconsideration, or

(a)may make any decision which the Upper Tribunal could make if the Upper Tribunal were re-making the decision or (as the case may be) which the other tribunal or person could make if that other tribunal or person were re-making the decision, and

(b)may make such findings of fact as it considers appropriate.

(5)Where—

(a)under subsection (2)(b)(i) the relevant appellate court remits a case to the Upper Tribunal, and

(b)the decision set aside under subsection (2)(a) was made by the Upper Tribunal on an appeal or reference from another tribunal or some other person,

the Upper Tribunal may (instead of reconsidering the case itself) remit the case to that other tribunal or person, with the directions given by the relevant appellate court for its reconsideration.

(6)In acting under subsection (5), the Upper Tribunal may also—

(a)direct that the persons who are chosen to reconsider the case are not to be the same as those who made the decision in respect of which the appeal or reference to the Upper Tribunal was made;

(b)give procedural directions in connection with the reconsideration of the case by the other tribunal or person.

(7)In this section “the relevant appellate court”, as respects an appeal under section 13, means the court specified as respects that appeal by the Upper Tribunal under section 13(11).

[F1914AAppeal to Supreme Court: grant of certificate by Upper TribunalE+W+S+N.I.

(1)If the Upper Tribunal is satisfied that—

(a)the conditions in subsection (4) or (5) are fulfilled in relation to the Upper Tribunal's decision in any proceedings, and

(b)as regards that decision, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 14B,

the Upper Tribunal may grant a certificate to that effect.

(2)The Upper Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.

(3)The Upper Tribunal may grant a certificate under this section only if the relevant appellate court as regards the proceedings is—

(a)the Court of Appeal in England and Wales, or

(b)the Court of Appeal in Northern Ireland.

(4)The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that point of law is—

(a)a point of law that—

(i)relates wholly or mainly to the construction of an enactment or statutory instrument, and

(ii)has been fully argued in the proceedings and fully considered in the judgment of the Upper Tribunal in the proceedings, or

(b)a point of law—

(i)in respect of which the Upper Tribunal is bound by a decision of the relevant appellate court or the Supreme Court in previous proceedings, and

(ii)that was fully considered in the judgments given by the relevant appellate court or, as the case may be, the Supreme Court in those previous proceedings.

(5)The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that—

(a)the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,

(b)the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Upper Tribunal, a hearing by the Supreme Court is justified, or

(c)the Upper Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.

(6)Before the Upper Tribunal decides an application made to it under this section, the Upper Tribunal must specify the court that would be the relevant appellate court if the application were an application for permission (or leave) under section 13.

(7)In this section except subsection (6) and in sections 14B and 14C, “the relevant appellate court”, as respects an application, means the court specified as respects that application by the Upper Tribunal under subsection (6).

(8)No appeal lies against the grant or refusal of a certificate under subsection (1).

14BAppeal to Supreme Court: permission to appealE+W+S+N.I.

(1)If the Upper Tribunal grants a certificate under section 14A in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court.

(2)An application under subsection (1) must be made—

(a)within one month from the date on which that certificate is granted, or

(b)within such time as the Supreme Court may allow in a particular case.

(3)If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal.

(4)If permission is granted under this section—

(a)no appeal from the decision to which the certificate relates lies to the relevant appellate court, but

(b)an appeal lies from that decision to the Supreme Court.

(5)An application under subsection (1) is to be determined without a hearing.

(6)Subject to subsection (4), no appeal lies to the relevant appellate court from a decision of the Upper Tribunal in respect of which a certificate is granted under section 14A until—

(a)the time within which an application can be made under subsection (1) has expired, and

(b)where such an application is made, that application has been determined in accordance with this section.

14CAppeal to Supreme Court: exclusionsE+W+S+N.I.

(1)No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment (other than sections 14A and 14B), no appeal would lie from that decision of the Upper Tribunal to the relevant appellate court, with or without the permission (or leave) of the Upper Tribunal or the relevant appellate court.

(2)No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the relevant appellate court on that decision of the Upper Tribunal to the Supreme Court, with or without the permission (or leave) of the relevant appellate court or the Supreme Court.

(3)Where no appeal would lie to the relevant appellate court from the decision of the Upper Tribunal except with the permission (or leave) of the Upper Tribunal or the relevant appellate court, no certificate may be granted under section 14A in respect of a decision of the Upper Tribunal unless it appears to the Upper Tribunal that it would be a proper case for giving permission (or leave) to appeal to the relevant appellate court.

(4)No certificate may be granted under section 14A in respect of a decision or order of the Upper Tribunal made by it in the exercise of its jurisdiction to punish for contempt.]

“Judicial review” E+W+S+N.I.

15Upper Tribunal's “judicial review” jurisdictionE+W+S+N.I.

(1)The Upper Tribunal has power, in cases arising under the law of England and Wales or under the law of Northern Ireland, to grant the following kinds of relief—

(a)a mandatory order;

(b)a prohibiting order;

(c)a quashing order;

(d)a declaration;

(e)an injunction.

(2)The power under subsection (1) may be exercised by the Upper Tribunal if—

(a)certain conditions are met (see section 18), or

(b)the tribunal is authorised to proceed even though not all of those conditions are met (see section 19(3) and (4)).

(3)Relief under subsection (1) granted by the Upper Tribunal—

(a)has the same effect as the corresponding relief granted by the High Court on an application for judicial review, and

(b)is enforceable as if it were relief granted by the High Court on an application for judicial review.

(4)In deciding whether to grant relief under subsection (1)(a), (b) or (c), the Upper Tribunal must apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.

(a)in cases arising under the law of England and Wales apply the principles that the High Court would apply in deciding whether to grant that relief under section 31(2) of the Supreme Court Act 1981 (c. 54) on an application for judicial review, and

(b)in cases arising under the law of Northern Ireland apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.

[F20(5A)In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal when deciding whether to grant relief under subsection (1) as they apply to the High Court when deciding whether to grant relief on an application for judicial review.

(5B)If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (5A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.]

(6)For the purposes of the application of subsection (3)(a) in relation to cases arising under the law of Northern Ireland—

(a)a mandatory order under subsection (1)(a) shall be taken to correspond to an order of mandamus,

(b)a prohibiting order under subsection (1)(b) shall be taken to correspond to an order of prohibition, and

(c)a quashing order under subsection (1)(c) shall be taken to correspond to an order of certiorari.

16Application for relief under section 15(1)E+W+S+N.I.

(1)This section applies in relation to an application to the Upper Tribunal for relief under section 15(1).

(2)The application may be made only if permission (or, in a case arising under the law of Northern Ireland, leave) to make it has been obtained from the tribunal.

(3)The tribunal may not grant permission (or leave) to make the application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

[F21(3C)In cases arising under the law of England and Wales, when considering whether to grant permission to make the application, the tribunal—

(a)may of its own initiative consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and

(b)must consider that question if the respondent asks it to do so.

(3D) In subsection (3C) “ the conduct complained of ” means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief.

(3E)If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission.

(3F)The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest.

(3G)If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied.]

(4)Subsection (5) applies where the tribunal considers—

(a)that there has been undue delay in making the application, and

(b)that granting the relief sought on the application would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

(5)The tribunal may—

(a)refuse to grant permission (or leave) for the making of the application;

(b)refuse to grant any relief sought on the application.

(6)The tribunal may award to the applicant damages, restitution or the recovery of a sum due if—

(a)the application includes a claim for such an award arising from any matter to which the application relates, and

(b)the tribunal is satisfied that such an award would have been made by the High Court if the claim had been made in an action begun in the High Court by the applicant at the time of making the application.

[F22(6A)In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal as regards the making of an award under subsection (6) as they apply to the High Court as regards the making of an award under section 31(4) of the Senior Courts Act 1981.

(6B)If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.]

(7)An award under subsection (6) may be enforced as if it were an award of the High Court.

(1)If the Upper Tribunal makes a quashing order under section 15(1)(c) in respect of a decision, it may in addition—

(a)remit the matter concerned to the court, tribunal or authority that made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the Upper Tribunal, or

(b)substitute its own decision for the decision in question.

(2)The power conferred by subsection (1)(b) is exercisable only if—

(a)the decision in question was made by a court or tribunal,

(b)the decision is quashed on the ground that there has been an error of law, and

(c)without the error, there would have been only one decision that the court or tribunal could have reached.

(3)Unless the Upper Tribunal otherwise directs, a decision substituted by it under subsection (1)(b) has effect as if it were a decision of the relevant court or tribunal.

18Limits of jurisdiction under section 15(1)E+W+S+N.I.

(1)This section applies where an application made to the Upper Tribunal seeks (whether or not alone)—

(a)relief under section 15(1), or

(b)permission (or, in a case arising under the law of Northern Ireland, leave) to apply for relief under section 15(1).

(2)If Conditions 1 to 4 are met, the tribunal has the function of deciding the application.

(3)If the tribunal does not have the function of deciding the application, it must by order transfer the application to the High Court.

(4)Condition 1 is that the application does not seek anything other than—

(a)relief under section 15(1);

(b)permission (or, in a case arising under the law of Northern Ireland, leave) to apply for relief under section 15(1);

(c)an award under section 16(6);

(d)interest;

(e)costs.

(5)Condition 2 is that the application does not call into question anything done by the Crown Court.

(6)Condition 3 is that the application falls within a class specified for the purposes of this subsection in a direction given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4).

(7)The power to give directions under subsection (6) includes—

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes.

(8)Condition 4 is that the judge presiding at the hearing of the application is either—

(a)a judge of the High Court or the Court of Appeal in England and Wales or Northern Ireland, or a judge of the Court of Session, or

(b)such other persons as may be agreed from time to time between the Lord Chief Justice, the Lord President, or the Lord Chief Justice of Northern Ireland, as the case may be, and the Senior President of Tribunals.

(9)Where the application is transferred to the High Court under subsection (3)—

(a)the application is to be treated for all purposes as if it—

(i)had been made to the High Court, and

(ii)sought things corresponding to those sought from the tribunal, and

(b)any steps taken, permission (or leave) given or orders made by the tribunal in relation to the application are to be treated as taken, given or made by the High Court.

(10)Rules of court may make provision for the purpose of supplementing subsection (9).

(11)The provision that may be made by Tribunal Procedure Rules about amendment of an application for relief under section 15(1) includes, in particular, provision about amendments that would cause the application to become transferrable under subsection (3).

(12)For the purposes of subsection (9)(a)(ii), in relation to an application transferred to the High Court in Northern Ireland—

(a)an order of mandamus shall be taken to correspond to a mandatory order under section 15(1)(a),

(b)an order of prohibition shall be taken to correspond to a prohibiting order under section 15(1)(b), and

(c)an order of certiorari shall be taken to correspond to a quashing order under section 15(1)(c).

19Transfer of judicial review applications from High CourtE+W+S+N.I.

“31ATransfer of judicial review applications to Upper Tribunal

(1)This section applies where an application is made to the High Court—

(a)for judicial review, or

(b)for permission to apply for judicial review.

(2)If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

(3)If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4)Condition 1 is that the application does not seek anything other than—

(a)relief under section 31(1)(a) and (b);

(b)permission to apply for relief under section 31(1)(a) and (b);

(c)an award under section 31(4);

(d)interest;

(e)costs.

(5)Condition 2 is that the application does not call into question anything done by the Crown Court.

(6)Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

(7)Condition 4 is that the application does not call into question any decision made under—

(a)the Immigration Acts,

(b)the British Nationality Act 1981 (c. 61),

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.”

“25ATransfer of judicial review applications to Upper Tribunal

(1)This section applies where an application is made to the High Court—

(a)for judicial review, or

(b)for leave to apply for judicial review.

(2)If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

(3)If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4)Condition 1 is that the application does not seek anything other than—

(a)relief under section 18(1)(a) to (e);

(b)leave to apply for relief under section 18(1)(a) to (e);

(c)an award under section 20;

(d)interest;

(e)costs.

(5)Condition 2 is that the application does not call into question anything done by the Crown Court.

(6)Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

(7)Condition 4 is that the application does not call into question any decision made under—

(a)the Immigration Acts,

(b)the British Nationality Act 1981,

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.”

(3)Where an application is transferred to the Upper Tribunal under 31A of the Supreme Court Act 1981 (c. 54) or section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court of judicial review applications)—

(a)the application is to be treated for all purposes as if it—

(i)had been made to the tribunal, and

(ii)sought things corresponding to those sought from the High Court,

(b)the tribunal has the function of deciding the application, even if it does not fall within a class specified under section 18(6), and

(c)any steps taken, permission given, leave given or orders made by the High Court in relation to the application are to be treated as taken, given or made by the tribunal.

(4)Where—

(a)an application for permission is transferred to the Upper Tribunal under section 31A of the Supreme Court Act 1981 (c. 54) and the tribunal grants permission, or

(b)an application for leave is transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) and the tribunal grants leave,

the tribunal has the function of deciding any subsequent application brought under the permission or leave, even if the subsequent application does not fall within a class specified under section 18(6).

(5)Tribunal Procedure Rules may make further provision for the purposes of supplementing subsections (3) and (4).

(6)For the purposes of subsection (3)(a)(ii), in relation to an application transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978—

(a)a mandatory order under section 15(1)(a) shall be taken to correspond to an order of mandamus,

(b)a prohibiting order under section 15(1)(b) shall be taken to correspond to an order of prohibition, and

(c)a quashing order under section 15(1)(c) shall be taken to correspond to an order of certiorari.

20Transfer of judicial review applications from the Court of SessionE+W+S+N.I.

(1)Where an application is made to the supervisory jurisdiction of the Court of Session, the Court—

(6)There may not be specified under subsection (3) any class of application which includes an application the subject matter of which is a devolved Scottish matter.

(7)For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it—

(a)concerns the exercise of functions in or as regards Scotland, and

(b)does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).

(8)In subsection (2), the reference to the exercise of the supervisory jurisdiction of the Court of Session includes a reference to the making of any order in connection with or in consequence of the exercise of that jurisdiction.

(1)This section applies where the Court of Session transfers an application under section 20(1).

(2)It is for the Upper Tribunal to determine—

(a)whether the application has been made timeously, and

(b)whether to grant permission for the application to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).

(3)Accordingly—

(a)the Upper Tribunal has the same powers in relation to the application as the Court of Session would have had in relation to it under sections 27A to 27C of the 1988 Act,

(b)sections 27C and 27D of that Act apply in relation to a decision of the Upper Tribunal under section 27B(1) of that Act as they apply in relation to such a decision of the Court of Session.

(4)The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who granted or refused permission are to be read as references to different members of the Tribunal from those of whom it was composed when it refused or granted permission.]

21Upper Tribunal's “judicial review” jurisdiction: ScotlandE+W+S+N.I.

(1)The Upper Tribunal has the function of deciding applications transferred to it from the Court of Session under section 20(1).

(2)The powers of review of the Upper Tribunal in relation to such applications are the same as the powers of review of the Court of Session in an application to the supervisory jurisdiction of that Court.

(3)In deciding an application by virtue of subsection (1), the Upper Tribunal must apply principles that the Court of Session would apply in deciding an application to the supervisory jurisdiction of that Court.

(4)An order of the Upper Tribunal by virtue of subsection (1)—

(a)has the same effect as the corresponding order granted by the Court of Session on an application to the supervisory jurisdiction of that Court, and

(b)is enforceable as if it were an order so granted by that Court.

(5)Where an application is transferred to the Upper Tribunal by virtue of section 20(1), any steps taken or orders made by the Court of Session in relation to the application (other than the order to transfer the application under section 20(1)) are to be treated as taken or made by the tribunal.

(6)Tribunal Procedure Rules may make further provision for the purposes of supplementing subsection (5).

MiscellaneousE+W+S+N.I.

22Tribunal Procedure RulesE+W+S+N.I.

(1)There are to be rules, to be called “Tribunal Procedure Rules”, governing—

(a)the practice and procedure to be followed in the First-tier Tribunal, and

(b)the practice and procedure to be followed in the Upper Tribunal.

(2)Tribunal Procedure Rules are to be made by the Tribunal Procedure Committee.

(3)In Schedule 5—

Part 1 makes further provision about the content of Tribunal Procedure Rules,

Part 2 makes provision about the membership of the Tribunal Procedure Committee,

Part 3 makes provision about the making of Tribunal Procedure Rules by the Committee, and

Part 4 confers power to amend legislation in connection with Tribunal Procedure Rules.

(4)Power to make Tribunal Procedure Rules is to be exercised with a view to securing—

(a)that, in proceedings before the First-tier Tribunal and Upper Tribunal, justice is done,

(b)that the tribunal system is accessible and fair,

(c)that proceedings before the First-tier Tribunal or Upper Tribunal are handled quickly and efficiently,

(d)that the rules are both simple and simply expressed, and

(e)that the rules where appropriate confer on members of the First-tier Tribunal, or Upper Tribunal, responsibility for ensuring that proceedings before the tribunal are handled quickly and efficiently.

(5)In subsection (4)(b) “the tribunal system” means the system for deciding matters within the jurisdiction of the First-tier Tribunal or the Upper Tribunal.

23Practice directionsE+W+S+N.I.

(2)A Chamber President may give directions as to the practice and procedure of the chamber over which he presides.

(3)A power under this section to give directions includes—

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes (including different provision for different areas).

(4)Directions under subsection (1) may not be given without the approval of the Lord Chancellor.

(5)Directions under subsection (2) may not be given without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(6)Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of the First-tier Tribunal or Upper Tribunal.

(7)Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

24MediationE+W+S+N.I.

(1)A person exercising power to make Tribunal Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

(a)mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

(b)where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

(2)Practice directions may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(3)The provision that may be made by virtue of subsection (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.

(4)Once a member has begun to act as a mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(5)Staff appointed under section 40(1) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(6)In this section—

“member” means a judge or other member of the First-tier Tribunal or a judge or other member of the Upper Tribunal;

“practice direction” means a direction under section 23(1) or (2);

“proceedings” means proceedings before the First-tier Tribunal or proceedings before the Upper Tribunal.

25Supplementary powers of Upper TribunalE+W+S+N.I.

(1)In relation to the matters mentioned in subsection (2), the Upper Tribunal—

(a)has, in England and Wales or in Northern Ireland, the same powers, rights, privileges and authority as the High Court, and

(b)has, in Scotland, the same powers, rights, privileges and authority as the Court of Session.

(2)The matters are—

(a)the attendance and examination of witnesses,

(b)the production and inspection of documents, and

(c)all other matters incidental to the Upper Tribunal's functions.

(3)Subsection (1) shall not be taken—

(a)to limit any power to make Tribunal Procedure Rules;

(b)to be limited by anything in Tribunal Procedure Rules other than an express limitation.

(4)A power, right, privilege or authority conferred in a territory by subsection (1) is available for purposes of proceedings in the Upper Tribunal that take place outside that territory (as well as for purposes of proceedings in the tribunal that take place within that territory).

26First-tier Tribunal and Upper Tribunal: sitting placesE+W+S+N.I.

Each of the First-tier Tribunal and the Upper Tribunal may decide a case—

(a)in England and Wales,

(b)in Scotland, or

(c)in Northern Ireland,

even though the case arises under the law of a territory other than the one in which the case is decided.

27EnforcementE+W+S+N.I.

(1)A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in England and Wales—

(a)shall be recoverable as if it were payable under an order of [F28the county court] in England and Wales;

(b)shall be recoverable as if it were payable under an order of the High Court in England and Wales.

(2)An order for the payment of a sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Scotland (or a copy of such an order certified in accordance with Tribunal Procedure Rules) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Northern Ireland—

(a)shall be recoverable as if it were payable under an order of a county court in Northern Ireland;

(b)shall be recoverable as if it were payable under an order of the High Court in Northern Ireland.

(4)This section does not apply to a sum payable in pursuance of—

(a)an award under section 16(6), or

(b)an order by virtue of section 21(1).

(5)The Lord Chancellor may by order make provision for subsection (1) or (3) to apply in relation to a sum of a description specified in the order with the omission of one (but not both) of paragraphs (a) and (b).

(6)Tribunal Procedure Rules—

(a)may make provision as to where, for purposes of this section, a decision is to be taken to be made;

(b)may provide for all or any of subsections (1) to (3) to apply only, or not to apply except, in relation to sums of a description specified in Tribunal Procedure Rules.

28AssessorsE+W+S+N.I.

(1)If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before it requires special expertise not otherwise available to it, it may direct that in dealing with that matter it shall have the assistance of a person or persons appearing to it to have relevant knowledge or experience.

(2)The remuneration of a person who gives assistance to either tribunal as mentioned in subsection (1) shall be determined and paid by the Lord Chancellor.

(3)The Lord Chancellor may—

(a)establish panels of persons from which either tribunal may (but need not) select persons to give it assistance as mentioned in subsection (1);

(b)under paragraph (a) establish different panels for different purposes;

(c)after carrying out such consultation as he considers appropriate, appoint persons to a panel established under paragraph (a);

(d)remove a person from such a panel.

29Costs or expensesE+W+S+N.I.

(1)The costs of and incidental to—

(a)all proceedings in the First-tier Tribunal, and

(b)all proceedings in the Upper Tribunal,

shall be in the discretion of the Tribunal in which the proceedings take place.

(2)The relevant Tribunal shall have full power to determine by whom and to what extent the costs are to be paid.

Chapter 3E+W+S+N.I.Transfer of tribunal functions

30Transfer of functions of certain tribunalsE+W+S+N.I.

(1)The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred—

(a)to the First-tier Tribunal,

(b)to the Upper Tribunal,

(c)to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order,

(d)to the First-tier Tribunal to the extent specified in the order and to the Upper Tribunal to the extent so specified,

(e)to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules,

(f)to an employment tribunal,

(g)to the Employment Appeal Tribunal,

(h)to an employment tribunal and the Employment Appeal Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order, or

(i)to an employment tribunal to the extent specified in the order and to the Employment Appeal Tribunal to the extent so specified.

(2)In subsection (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

(3)The Lord Chancellor may, as respects a function transferred under subsection (1) or this subsection, by order provide for the function to be further transferred as mentioned in any of paragraphs (a) to (i) of subsection (1).

(4)An order under subsection (1) or (3) may include provision for the purposes of or in consequence of, or for giving full effect to, a transfer under that subsection.

(5)A function of a tribunal may not be transferred under subsection (1) or (3) if, or to the extent that, the provision conferring the function—

(a)would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b)would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(c)the Secretary of State's function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38), or

(d)functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53) (but see subsection (7)).

(7)Functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), so far as they relate to Scotland, may be transferred under subsection (1) or (3) only with the consent of the Scottish Ministers.

(8)A function of a tribunal may be transferred under subsection (1) or (3) only with the consent of the Welsh Ministers if any relevant function is exercisable in relation to the tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person).

(9)In subsection (8) “relevant function”, in relation to a tribunal, means a function which relates—

(a)to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b)to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

31Transfers under section 30: supplementary powersE+W+S+N.I.

(1)The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable immediately before its transfer.

(2)The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person—

(a)who is the tribunal (but is not the Secretary of State), or

(b)who is a member of the tribunal, or

(c)who is an authorised decision-maker for the tribunal,

to (instead or in addition) be the holder of an office specified in subsection (3).

(3)Those offices are—

(a)transferred-in judge of the First-tier Tribunal,

(b)transferred-in other member of the First-tier Tribunal,

(c)transferred-in judge of the Upper Tribunal,

(d)transferred-in other member of the Upper Tribunal, and

(e)deputy judge of the Upper Tribunal.

(4)Where functions of a tribunal are transferred under section 30(1), the Lord Chancellor must exercise the power under subsection (2) so as to secure that each person who immediately before the end of the tribunal's life—

(a)is the tribunal,

(b)is a member of the tribunal, or

(c)is an authorised decision-maker for the tribunal,

becomes the holder of an office specified in subsection (3) with effect from the end of the tribunal's life (if the person is not then already the holder of such an office).

(5)Subsection (4) does not apply in relation to a person—

(a)by virtue of the person's being the Secretary of State, or

(b)by virtue of the person's being a Commissioner for the general purposes of the income tax;

and a reference in subsection (4) to the end of a tribunal's life is to when the tribunal is abolished or (without being abolished) comes to have no functions.

(6)For the purposes of this section, a person is an “authorised decision-maker” for a tribunal if—

(a)the tribunal is listed in column 1 of an entry in the following Table, and

(b)the person is of the description specified in column 2 of that entry.

(1)

(2)

Tribunal

Authorised decision-maker

Adjudicator to Her Majesty's Land Registry

Member of the Adjudicator's staff who is authorised by the Adjudicator to carry out functions of the Adjudicator which are not of an administrative character

The Secretary of State as respects his function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39)

Person who is a member of a panel under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 (S.I. 1998/1203)

The Secretary of State as respects his function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38)

Person appointed, at any time after 2005, under regulation 19(1) of the Estate Agents (Appeals) Regulations 1981 (S.I. 1981/1518) to hear an appeal on behalf of the Secretary of State

(7)Where a function of a tribunal is transferred under section 30(1), the Lord Chancellor may by order provide for procedural rules in force immediately before the transfer to have effect, or to have effect with appropriate modifications, after the transfer (and, accordingly, to be capable of being varied or revoked) as if they were—

“appropriate modifications” means modifications (including additions and omissions) that appear to the Lord Chancellor to be necessary to secure, or expedient in connection with securing, that the procedural rules apply in relation to the exercise of the function after the transfer.

(9)The Lord Chancellor may, in connection with provision made by order under section 30 or the preceding provisions of this section, make by order such incidental, supplemental, transitional or consequential provision, or provision for savings, as the Lord Chancellor thinks fit, including provision applying only in relation to cases selected by a member—

(a)of the First-tier Tribunal,

(b)of the Upper Tribunal,

(c)of the Employment Appeal Tribunal, or

(d)of a panel of members of employment tribunals.

(10)Subsections (1), (2) and (7) are not to be taken as prejudicing the generality of subsection (9).

32Power to provide for appeal to Upper Tribunal from tribunals in WalesE+W+S+N.I.

(1)Subsection (2) applies if—

(a)a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is not transferred under section 30(1) in relation to Wales, or

(b)a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.

(2)The Lord Chancellor may by order—

(a)provide for an appeal against a decision to be made to the Upper Tribunal instead of to the court to which an appeal would otherwise fall to be made where the decision is made in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);

(b)provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).

(3)The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.

(4)In subsection (3) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of that subsection.

(5)An order under subsection (2) or (3)—

(a)may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b)may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

33Power to provide for appeal to Upper Tribunal from tribunals in ScotlandE+W+S+N.I.

(1)Subsection (2) applies if—

(a)a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Scotland,

(b)an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and

(c)no appeal may be made against a corresponding decision made in exercising the function in relation to Scotland.

(2)The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.

(3)An order under subsection (2)—

(a)may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b)may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(4)An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.

34Power to provide for appeal to Upper Tribunal from tribunals in Northern IrelandE+W+S+N.I.

(1)Subsection (2) applies if—

(a)a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Northern Ireland,

(b)an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and

(c)no appeal may be made against a corresponding decision made in exercising the function in relation to Northern Ireland.

(2)The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.

(3)An order under subsection (2)—

(a)may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b)may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(4)An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.

(a)transfer any relevant function, so far as that function is exercisable by a Minister of the Crown—

(i)to the Lord Chancellor, or

(ii)to two (or more) Ministers of the Crown of whom one is the Lord Chancellor;

(b)provide for any relevant function that is exercisable by a Minister of the Crown other than the Lord Chancellor to be exercisable by the other Minister of the Crown concurrently with the Lord Chancellor;

(c)provide for any relevant function that is exercisable by the Lord Chancellor concurrently with another Minister of the Crown to cease to be exercisable by the other Minister of the Crown.

(2)In this section “relevant function” means a function, in relation to a scheduled tribunal, which relates—

(a)to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b)to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

(3)In subsection (2) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

(4)A relevant function may not be transferred under subsection (1) if, or to the extent that, the provision conferring the function—

(a)would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b)would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(5)Subsection (4) does not apply to any relevant function of the Secretary of State—

(6)Any reference in subsection (1) to a Minister of the Crown includes a reference to a Minister of the Crown acting jointly.

(7)An order under subsection (1)—

(a)may relate to a function either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b)may include provision for the purposes of, or in consequence of, or for giving full effect to, the transfer or (as the case may be) other change as regards exercise;

(c)may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit;

(d)may include provision for the transfer of any property, rights or liabilities of the person who loses functions or whose functions become shared with the Lord Chancellor.

(8)An order under subsection (1), so far as it—

(a)provides under paragraph (a) for the transfer of a function, or

(b)provides under paragraph (b) for a function to become exercisable by the Lord Chancellor, or

(c)provides under paragraph (c) for a function to cease to be exercisable by a Minister of the Crown other than the Lord Chancellor,

may not, after that transfer or other change has taken place, be revoked by another order under that subsection.

(9)Section 1 of the 1975 Act (power to transfer Ministerial functions) does not apply to a function of the Lord Chancellor—

(a)so far as it is a function transferred to the Lord Chancellor under subsection (1)(a),

(b)so far as it is a function exercisable by the Lord Chancellor as a result of provision under subsection (1)(b), or

(c)so far as it is a function that has become exercisable by the Lord Chancellor alone as a result of provision under subsection (1)(c).

(10)In this section—

“Minister of the Crown” has the meaning given by section 8(1) of the 1975 Act but includes the Commissioners for Her Majesty's Revenue and Customs;

“the 1975 Act” means the Ministers of the Crown Act 1975 (c. 26).

36Transfer of powers to make procedural rules for certain tribunalsE+W+S+N.I.

(1)The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to—

(a)himself, or

(b)the Tribunal Procedure Committee.

(2)A power may not be transferred under subsection (1) if, or to the extent that, the provision conferring the power—

(a)would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b)would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(3)Subsection (2) does not apply to—

(a)power conferred by section 40A(3)F29. . . of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or

(b)power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38) (duty of Secretary of State to make regulations with respect to appeals under section 7(1) of that Act).

(4)An order under subsection (1)(b)—

(a)may not alter any parliamentary procedure relating to the making of the procedural rules concerned, but

(b)may otherwise include provision for the purpose of assimilating the procedure for making them to the procedure for making Tribunal Procedure Rules.

(5)An order under subsection (1)(b) may include provision requiring the Tribunal Procedure Committee to make procedural rules for purposes notified to it by the Lord Chancellor.

(6)An order under this section—

(a)may relate to a power either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b)may include provision for the purposes of or in consequence of, or for giving full effect to, the transfer;

(c)may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(7)A power to make procedural rules for a tribunal that is exercisable by the Tribunal Procedure Committee by virtue of an order under this section must be exercised by the committee with a view to securing—

(a)that the system for deciding matters within the jurisdiction of that tribunal is accessible and fair,

(b)that proceedings before that tribunal are handled quickly and efficiently,

(c)that the rules are both simple and simply expressed, and

(d)that the rules where appropriate confer on persons who are, or who are members of, that tribunal responsibility for ensuring that proceedings before that tribunal are handled quickly and efficiently.

(8)In this section—

“procedural rules”, in relation to a tribunal, means provision (whether called rules or not) regulating practice or procedure before the tribunal;

“scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

37Power to amend lists of tribunals in Schedule 6E+W+S+N.I.

(b)for the purpose of removing a tribunal from a list in the Schedule;

(c)for the purpose of removing a list from the Schedule;

(d)for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.

(2)The following rules apply to the exercise of power under subsection (1)—

(a)a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;

(b)a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;

(c)if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;

(d)a tribunal may be in more than one list.

(3)In subsection (2)(c) “relevant function”, in relation to a tribunal, means a function which relates—

(a)to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b)to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

(4)In subsection (1) “tribunal” does not include an ordinary court of law.

(5)In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

38Orders under sections 30 to 36: supplementaryE+W+S+N.I.

(1)Provision in an order under any of sections 30 to 36 may take the form of amendments, repeals or revocations of enactments.

(2)In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

(3)Any power to extend enactments to a territory outside the United Kingdom shall have effect as if it included—

(a)power to extend those enactments as they have effect with any amendments and repeals made in them by orders under any of sections 30 to 36, and

(b)power to extend those enactments as if any amendments and repeals made in them under those sections had not been made.

40Tribunal staff and servicesE+W+S+N.I.

(1)The Lord Chancellor may appoint such staff as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(2)Subject to subsections (3) and (4), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(3)The Lord Chancellor may not enter into contracts for the provision of staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.

(4)The Lord Chancellor may not enter into contracts for the provision of staff to carry out the administrative work of the tribunals unless an order made by the Lord Chancellor authorises him to do so.

(5)Before making an order under subsection (4) the Lord Chancellor must consult the Senior President of Tribunals as to what effect (if any) the order might have on the proper and efficient administration of justice.

(6)An order under subsection (4) may authorise the Lord Chancellor to enter into contracts for the provision of staff to discharge functions—

(a)wholly or to the extent specified in the order,

(b)generally or in cases or areas specified in the order, and

(c)unconditionally or subject to the fulfilment of conditions specified in the order.

41Provision of accommodationE+W+S+N.I.

(1)The Lord Chancellor may provide, equip, maintain and manage such tribunal buildings, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(2)The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of tribunal buildings, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(3)The powers under—

(a)section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and

(b)section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),

to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).

(4)In this section “tribunal building” means any place where any of the tribunals sits, including the precincts of any building in which it sits.

42FeesE+W+S+N.I.

(1)The Lord Chancellor may by order prescribe fees payable in respect of—

(6)The making of an order under subsection (1) requires the consent of the Treasury except where the order contains provision only for the purpose of altering amounts payable by way of fees already prescribed under that subsection.

(7)The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees under subsection (1) to the attention of persons likely to have to pay them.

(8)Fees payable under subsection (1) are recoverable summarily as a civil debt.

(9)Subsection (8) does not apply to the recovery in Scotland of fees payable under this section.

I10S. 45 wholly in force at 1.11.2007; s. 45 not in force at Royal Assent see s. 148; s. 45(3) in force at 19.9.2007 and s. 45(1)(2) in force at 1.11.2007 by S.I. 2007/2709, arts. 2(a), 3(a)

Chapter 6E+W+S+N.I.Supplementary

46Delegation of functions by Lord Chief Justice etc.E+W+S+N.I.

(1)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the provisions listed in subsection (2).

(2)The provisions are—

paragraphs 3(4) and 6(3)(a) of Schedule 2;

paragraphs 3(4) and 6(3)(a) of Schedule 3;

paragraphs 2(2) and 5(5) of Schedule 4;

paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.

(3)The Lord President of the Court of Session may nominate any of the following to exercise any of his functions under the provisions listed in subsection (4)—

(a)a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b)the Senior President of Tribunals.

(4)The provisions are—

paragraphs 3(2) and 6(3)(b) of Schedule 2;

paragraphs 3(2) and 6(3)(b) of Schedule 3;

paragraphs 2(3) and 5(6) of Schedule 4;

paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.

(5)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the provisions listed in subsection (6)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

47Co-operation in relation to judicial training, guidance and welfareE+W+S+N.I.

(1)Persons with responsibilities in connection with a courts-related activity, and persons with responsibilities in connection with the corresponding tribunals activity, must co-operate with each other in relation to the carrying-on of those activities.

(2)In this section “courts-related activity” and “corresponding tribunals activity” are to be read as follows—

(a)making arrangements for training of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for training of tribunal members;

(b)making arrangements for guidance of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for guidance of tribunal members;

(c)making arrangements for the welfare of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for the welfare of tribunal members.

(3)Subsection (1) applies to a person who has responsibilities in connection with a courts-related activity only if—

(a)the person is the chief justice of the territory concerned, or

(b)what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the chief justice of that territory.

(4)Subsection (1) applies to a person who has responsibilities in connection with a corresponding tribunals activity only if—

(a)the person is the Senior President of Tribunals, or

(b)what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the Senior President of Tribunals.

(5)For the purposes of this section—

(a)“territory” means—

(i)England and Wales,

(ii)Scotland, or

(iii)Northern Ireland;

(b)the “chief justice”—

(i)of England and Wales is the Lord Chief Justice of England and Wales,

49Orders and regulations under Part 1: supplemental and procedural provisionsE+W+S+N.I.

(1)Power—

(a)of the Lord Chancellor to make an order, or regulations, under this Part,

(b)of the Senior President of Tribunals to make an order under section 7(9), or

(c)of the Scottish Ministers, or the Welsh Ministers, to make an order under paragraph 25(2) of Schedule 7,

is exercisable by statutory instrument.

(2)The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power to make orders conferred on the Senior President of Tribunals by section 7(9) as if the Senior President of Tribunals were a Minister of the Crown.

(3)Any power mentioned in subsection (1) includes power to make different provision for different purposes.

(4)Without prejudice to the generality of subsection (3), power to make an order under section 30 or 31 includes power to make different provision in relation to England, Scotland, Wales and Northern Ireland respectively.

(5)No order mentioned in subsection (6) is to be made unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.

(c)an order under section 42(1)(a) to (d) that provides for fees to be payable in respect of things for which fees have never been payable;

(d)an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule 5, that contains provision taking the form of an amendment or repeal of an enactment comprised in an Act.

(7)A statutory instrument that—

(a)contains—

(i)an order mentioned in subsection (8), or

(ii)regulations under Part 3 of Schedule 9, and

(b)is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Those orders are—

(a)an order made by the Lord Chancellor under this Part;

(b)an order made by the Senior President of Tribunals under section 7(9).

(9)A statutory instrument that contains an order made by the Scottish Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(10)A statutory instrument that contains an order made by the Welsh Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(1)Subsection (2) applies for the purposes of any statutory provision that—

(a)relates to an office or other position, and

(b)refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision).

(2)A person satisfies that condition on an N-year basis if—

(a)the person has a relevant qualification, and

(b)the total length of the person's qualifying periods is at least N years.

(3)In subsection (2) “qualifying period”, in relation to a person, means a period during which the person—

(a)has a relevant qualification, and

(b)gains experience in law (see section 52).

(4)For the purposes of subsections (2) and (3), a person has a relevant qualification if the person—

(a)is a solicitor or a barrister (but see section 51), or

(b)holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned.

(5)In this section—

“barrister” means barrister in England and Wales;

“solicitor” means solicitor of the Senior Courts of England and Wales;

“statutory provision” means—

(a)

a provision of an Act, or

(b)

a provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)).

(6)Schedule 10, which makes amendments—

for the purpose of substituting references to satisfying the judicial-appointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41),

for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and

for connected purposes,

has effect.

(7)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.

51“Relevant qualification” in section 50: further provisionE+W+S+N.I.

(1)The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.

(2)[F45awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).]

(3)An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.

(4)Where—

(a)a qualification is specified under subsection (1),

(b)the qualification is one awarded by a body such as is mentioned in subsection [F46(2)], and

(i)is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and

(ii)is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),]

the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under [F48section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator).].

(5)For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person's name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person's admission as a solicitor.

(6)For the purposes of section 50 and this section, a person shall be taken first to become a barrister—

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7)For the purposes of section 50—

(a)a barrister,

(b)a solicitor, or

(c)a person who holds a qualification specified under subsection (1),

shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification.

(8)The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7).

(9)Before making an order under subsection (1) or (8), the Lord Chancellor must consult—

“solicitor” means solicitor of the Senior Courts of England and Wales.

(12)Power to make an order under this section is exercisable by statutory instrument.

(13)An order under this section may make different provision for different purposes.

(14)No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.

(15)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court.

(a)where the condition applies in respect of appointment by Her Majesty to an office or other position, the person whose function it is to recommend the exercise of Her Majesty's function of making appointments to that office or position;

(b)where the condition applies in respect of appointment, by any person other than Her Majesty, to an office or other position, that person.

(7)In subsection (6) “appointment”, in relation to an office or position, includes any form of selection for that office or position (whether called appointment or selection, or not).

“94AAppointments not subject to section 85: courts

(b)the Lord Chancellor may not make the appointment without the concurrence of the Lord Chief Justice.

(2)This section applies to the appointment of a person, on a fee-paid basis, to an office in the table below (the “proposed appointment”) if the person—

(a)holds the corresponding qualifying office (or one of them) on a salaried basis, or

(b)ceased to hold the corresponding qualifying office (or one of them) within two years ending with the date when the proposed appointment takes effect and, immediately before ceasing to hold that office, held it on a salaried basis.

Proposed appointment (fee-paid)

Qualifying office (salaried)

An office listed in Part 2 of Schedule 14.

The same office.

Deputy District Judge (Magistrates' Courts).

District Judge (Magistrates' Courts),

Senior District Judge (Chief Magistrate), or

Deputy Senior District Judge (Chief Magistrate).

Assistant Judge Advocate General, or a person appointed temporarily to assist the Judge Advocate General.

(4)In this section “salaried” and “fee-paid” have the meaning given by paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act 1993 (c. 8).

94BAppointments not subject to section 85: tribunals

(1)Where this section applies to a recommendation or appointment—

(a)section 85 does not apply, but

(b)the Lord Chancellor may not make the recommendation or appointment without the concurrence of the Senior President of Tribunals.

(2)In the case of the appointment of a person as a deputy judge of the Upper Tribunal, if the person holds or has held an office listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor must also consult the Lord Chief Justice before making the appointment.

(3)This section applies to, or to a recommendation to Her Majesty for, the appointment of a person, on a fee-paid basis, to an office in the table below (the “proposed appointment”) if the person—

(a)holds the corresponding qualifying office (or one of them) on a salaried basis, or

(b)subject to subsection (4), ceased to hold the corresponding qualifying office (or one of them) within two years ending with the date when the proposed appointment takes effect and, immediately before ceasing to hold that office, held it on a salaried basis.

Proposed appointment (fee-paid)

Qualifying office (salaried)

An office listed in Part 3 of Schedule 14 (other than the office of Chamber President or Deputy Chamber President of a chamber of the Upper Tribunal or the First-tier Tribunal).

The same office, or

a more senior office, listed in Part 3 of Schedule 14, in the same tribunal or body (but excluding the Upper Tribunal and the First-tier Tribunal).

Deputy Child Support Commissioner.

Chief Child Support Commissioner, or

Child Support Commissioner.

Deputy Social Security Commissioner.

Chief Social Security Commissioner, or

Social Security Commissioner.

Deputy judge of the Upper Tribunal.

Ordinary judge of the Court of Appeal in England and Wales,

Lord Justice of Appeal in Northern Ireland,

Judge of the Court of Session,

Puisne judge of the High Court in England and Wales or Northern Ireland,

Circuit judge,

Sheriff in Scotland,

County court judge in Northern Ireland,

District judge in England and Wales or Northern Ireland,

District Judge (Magistrates' Courts), or

Judge of the Upper Tribunal by virtue of any of paragraphs (a) to (f) or (i) of section 5(1) of the Tribunals, Courts and Enforcement Act 2007.

Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007.

Transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act).

Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007.

Transferred-in other member of the First-tier Tribunal (see section 31(2) of that Act).

Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007.

Transferred-in judge of the Upper Tribunal (see section 31(2) of that Act).

Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007.

Transferred-in other member of the Upper Tribunal (see section 31(2) of that Act).

Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007.

Deputy judge of the Upper Tribunal under section 31(2) of that Act.

(4)In subsection (3)(b) the words “within two years ending with the date when the proposed appointment takes effect” do not apply if—

(a)the proposed appointment is to the office of deputy judge of the Upper Tribunal, and

(b)the corresponding qualifying office is—

(i)ordinary judge of the Court of Appeal in England and Wales,

(ii)Lord Justice of Appeal in Northern Ireland,

(iii)judge of the Court of Session, or

(iv)puisne judge of the High Court in England and Wales or Northern Ireland.

(5)In this section “salaried” and “fee-paid” have the meaning given by paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act 1993.”

“(4)Subsections (2) and (3) apply to the reference in section 94A(1) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

(5)The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)—

(a)a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b)the Senior President of Tribunals.

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(a)Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal;

(b)judge, or other member, of the First-tier Tribunal or of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”);

(c)deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the 2007 Act, except in a case where the holding of the office by the person in question falls within subsection (7)(ga) above;

(d)transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the 2007 Act);

(e)deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the 2007 Act;

(f)an office held by a person if the person's holding of the office results in the person being a member of, or person who is, a tribunal in a list in Schedule 6 to the 2007 Act that has effect for the purposes of section 30 of that Act (but only if the office is specified in Schedule 5 to this Act);

(g)President or other member of the Asylum and Immigration Tribunal;

(h)member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996;

(i)member of a panel of chairmen of employment tribunals.

(12B)Neither paragraph (d) nor paragraph (e) of the definition of “appropriate person” in subsection (12) above applies to an office held by a person if provision about that person's continuation in the office after the compulsory retirement date for the office—

(a)would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b)would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.”

(4)In subsection (13) (Lord Chief Justices to exercise functions under section with concurrence of Lord Chancellor), after “Northern Ireland” insert “ or the Senior President of Tribunals ”.

55Appointment of deputy Circuit judgesE+W+S+N.I.

“(a)the Lord Chancellor may, with the concurrence of the Lord Chief Justice, appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;”.

56Appointment of deputy district judges, etc.E+W+S+N.I.

Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54) and the County Courts Act 1984 (c. 28) in connection with the appointment and assignment of deputy district judges and the assignment of district judges) has effect.

57Deputy, and temporary additional, Masters etc.E+W+S+N.I.

(1)Section 91 of the Supreme Court Act 1981 (which provides for persons to be appointed as deputies for holders of, or as temporary additional officers in, certain judicial offices) is amended as set out in subsections (2) to (5).

(7)In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), after the entry for an assistant recorder appointed under section 24(1) of the Courts Act 1971 (c. 23), insert the following entry—

“Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Supreme Court Act 1981

Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA) of that section applies to the appointment”

“(3)The Lord Chancellor may not appoint a holder of relevant office under subsection (2) without the concurrence of the Lord Chief Justice of England and Wales.

(4)Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (3) applies.

(5)In subsection (3) “holder of relevant office” means a person who has, within the two years ending with the day on which this subsection comes into force, been appointed as judge advocate to a court-martial under—

(a)section 84B of the Army Act 1955,

(b)section 84B of the Air Force Act 1955, or

(c)section 53B of the Naval Discipline Act 1957.”

59Members and chairmen of certain Appeals CommissionsE+W+S+N.I.

In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), omit the entries relating to—

Member of the Special Immigration Appeals Commission (appointed under paragraph 1(1) of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (c. 68));

Chairman of the Special Immigration Appeals Commission (appointed under paragraph 2 of that Schedule);

Member of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11));

Chairman of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(2) of that Schedule);

Member of the Pathogens Access Appeal Commission (appointed under paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24));

Chairman of the Pathogens Access Appeal Commission (appointed under paragraph 1(2) of that Schedule).

Prospective

60Appointment as Chairman of Law CommissionE+W+S+N.I.

(1)Section 1 of the Law Commissions Act 1965 (c. 22) is amended as follows.

(2)After subsection (1) insert—

“(1A)The person appointed to be the Chairman shall be a person who holds office as a judge of the High Court or Court of Appeal in England and Wales.”

In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which provides that certain orders under that Act are subject to annulment in pursuance of a resolution of either House of Parliament), after “section 2(2)(a) or (c),” insert “ 5A(6), ”.

Part 3E+WEnforcement by taking control of goods

Chapter 1E+WProcedure

62Enforcement by taking control of goodsE+W

(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

(2)The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

(3)Schedule 13—

(a)amends some powers previously called powers to distrain, so that they become powers to use that procedure;

(b)makes other amendments relating to Schedule 12 and to distress or execution.

(4)An individual is exempt if he acts in the course of his duty as an officer of a government department.

(5)For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).

(6)A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).

(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

64Certificates to act as an enforcement agentE+W

(1)A certificate may be issued under this [F51section by a judge of the county court.]

(2)The Lord Chancellor must make regulations about certificates under this section.

(3)The regulations may in particular include provision—

(a)for fees to be charged for applications;

(b)for certificates to be issued subject to conditions, including the giving of security;

(c)for certificates to be limited to purposes specified by or under the regulations;

(d)about complaints against holders of certificates;

(e)about suspension and cancellation of certificates;

(f)to modify or supplement Schedule 12 for cases where a certificate is suspended or cancelled or expires;

(g)requiring courts to make information available relating to certificates.

(4)A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21) which is in force on the coming into force of this section has effect as a certificate under this section, subject to any provision made by regulations.

67Transfer of county court enforcementE+W

In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of control give the district judge, formerly called the registrar, power to execute judgments or orders for payment of money) for “the registrar shall be” substitute “ any person authorised by or on behalf of the Lord Chancellor is ”.

76RentE+W

(1)“Rent” means the amount payable under a lease (in advance or in arrear) for possession and use of the demised premises, together with—

(a)any interest payable on that amount under the lease, and

(b)any value added tax chargeable on that amount or interest.

(2)“Rent” does not include any sum in respect of rates, council tax, services, repairs, maintenance, insurance or other ancillary matters (whether or not called “rent” in the lease).

(3)The amount payable for possession and use of the demised premises, where it is not otherwise identifiable, is to be taken to be so much of the total amount payable under the lease as is reasonably attributable to possession and use.

(4)Where a rent is payable under or by virtue of Part 2 of the Landlord and Tenant Act 1954 (c. 56), the amount payable under the lease for possession and use of those premises is to be taken to be that rent.

(5)This section applies for the purposes of this Chapter except sections 71 and 85.

80Agricultural holdingsE+W

(1)This section applies to the exercise of CRAR where the premises concerned are an agricultural holding.

(2)CRAR is not exercisable to recover rent that became due more than a year before notice of enforcement is given.

(3)For the purposes of subsection (2), deferred rent becomes due at the time to which payment is deferred.

(4)“Deferred rent” means rent the payment of which has been deferred, according to the ordinary course of dealing between the landlord and the tenant, to the end of a quarter or half-year after it legally became due.

(5)The permitted deductions under section 77(7) at any time include any compensation due to the tenant in respect of the holding, under the 1986 Act or under custom or agreement, that has been ascertained at that time.

(6)In this section—

the “1986 Act” means the Agricultural Holdings Act 1986 (c. 5);

“agricultural holding” has the meaning given by section 1 of the 1986 Act.

82Off-setting payments under a noticeE+W

(1)For any amount that a sub-tenant pays under a notice under section 81, he may deduct an equal amount from the rent that would be due to his immediate landlord under the sub-lease.

(2)If an amount is deducted under subsection (1) or this subsection from rent due to a superior sub-tenant, that sub-tenant may deduct an equal amount from any rent due from him under his sub-lease.

(3)Subsection (1) applies even if the sub-tenant's payment or part of it is not due under the notice, if it is not due because—

(a)the notified amount has already been paid (wholly or partly otherwise than under the notice), or

(b)the notice has been replaced by a notice served on another sub-tenant.

(4)That is subject to the following.

(5)Subsection (1) does not apply if the landlord withdraws the notice before the payment is made.

(6)Where the notified amount has already been paid (or will be exceeded by the payment), subsection (1) does not apply (or does not apply to the excess) if the sub-tenant has notice of that when making the payment.

(7)Subsection (1) does not apply if, before the payment is made, payments under the notice at least equal the notified amount.

(8)Subsection (1) does not apply to a part of the payment if, with the rest of the payment, payments under the notice at least equal the notified amount.

(9)Where the notice has been replaced by one served on another sub-tenant, subsection (1) does not apply if the sub-tenant has notice of that when making the payment.

84Recovery of sums due and overpaymentsE+W

(1)For the purposes of the recovery of sums payable by a sub-tenant under a notice under section 81 (including recovery by CRAR), the sub-tenant is to be treated as the immediate tenant of the landlord, and the sums are to be treated as rent accordingly.

(2)But those sums (as opposed to rent due from the immediate tenant) are not recoverable by notice under section 81 served on an inferior sub-tenant.

(3)Any payment received by the landlord that the sub-tenant purports to make under a notice under section 81, and that is not due under the notice for any reason, is to be treated as a payment of rent by the immediate tenant, for the purposes of the retention of the payment by the landlord and (if no rent is due) for the purposes of any claim by the immediate tenant to recover the payment.

(4)But subsection (3) does not affect any claim by the sub-tenant against the immediate tenant.

Part 4E+WEnforcement of judgments and orders

Attachment of earnings ordersE+W

91Attachment of earnings orders: deductions at fixed ratesE+W

(2)Those amendments are about the basis on which periodical deductions are to be made under an attachment of earnings order.

(3)In particular, they provide that deductions under certain orders are to be made in accordance with a fixed deductions scheme made by the Lord Chancellor (rather than in accordance with Part I of Schedule 3 to the 1971 Act).

92Attachment of earnings orders: finding the debtor's current employerE+W

(1)After section 15 of the Attachment of Earnings Act 1971 insert—

“15AFinding the debtor's current employer

(1)If an attachment of earnings order lapses under section 9(4), the proper authority may request the Commissioners—

(a)to disclose whether it appears to the Commissioners that the debtor has a current employer, and

(b)if it appears to the Commissioners that the debtor has a current employer, to disclose the name and address of that employer.

(2)The proper authority may make a request under subsection (1) only for the purpose of enabling the lapsed order to be directed to the debtor's current employer.

(3)The proper authority may not make a request under subsection (1) unless regulations under section 15B(5) and (8) are in force.

(4)The proper authority may disclose such information (including information identifying the debtor) as it considers necessary to assist the Commissioners to comply with a request under subsection (1).

(5)The Commissioners may disclose to the proper authority any information (whether held by the Commissioners or on their behalf) that the Commissioners consider is necessary to comply with a request under subsection (1).

(6)A disclosure under subsection (4) or (5) is not to be taken to breach any restriction on the disclosure of information (however imposed).

(7)Nothing in this section is to be taken to prejudice any power to request or disclose information that exists apart from this section.

(8)The reference in subsection (5) to information held on behalf of the Commissioners includes a reference to any information which—

(a)is held by a person who provides services to the Commissioners, and

(b)is held by that person in connection with the provision of those services.

15BOffence of unauthorised use or disclosure

(1)This section applies if the Commissioners make a disclosure of information (“debtor information”) under section 15A(5).

(2)A person to whom the debtor information is disclosed commits an offence if—

(a)he uses or discloses the debtor information, and

(b)the use or disclosure is not authorised by subsection (3), (5), (6) or (7).

(3)The use or disclosure of the debtor information is authorised if it is—

(a)for a purpose connected with the enforcement of the lapsed order (including the direction of the order to the debtor's current employer), and

(b)with the consent of the Commissioners.

(4)Consent for the purposes of subsection (3) may be given—

(a)in relation to particular use or a particular disclosure, or

(b)in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.

(5)The use or disclosure of the debtor information is authorised if it is—

(a)in accordance with an enactment or an order of court, or

(b)for the purposes of any proceedings before a court,

and it is in accordance with regulations.

(6)The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

(7)The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (8).

(8)Regulations may make provision about the circumstances, if any, in which rules of court may allow any of the following—

(a)access to, or the supply of, debtor information;

(b)access to, or the supply of copies of, any attachment of earnings order which has been directed to an employer using debtor information.

(9)It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the disclosure was lawful.

(10)A person guilty of an offence under subsection (2) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both.

15CRegulations

(1)It is for the Lord Chancellor to make regulations under section 15B.

(2)But the Lord Chancellor may make regulations under section 15B only with the agreement of the Commissioners.

(3)Regulations under section 15B are to be made by statutory instrument.

(4)A statutory instrument containing regulations under section 15B may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

15DInterpretation

(1)For the purposes of sections 15A to 15C (and this section)—

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“information” means information held in any form;

“the lapsed order” means the attachment of earnings order referred to in section 15A(1);

“the proper authority” is determined in accordance with subsections (2) to (5).

(2)If the lapsed order was made by the High Court, the proper authority is the High Court.

(3)If the lapsed order was made by [F55the county court], the proper authority is [F55the county court].

(4)If the lapsed order was made by a magistrates' court under this Act, the proper authority is—

(a)a magistrates' court, or

(b)the designated officer for a magistrates' court.

(5)If the lapsed order was made by a magistrates' court or a fines officer under Schedule 5 to the Courts Act 2003, the proper authority is—

(a)a magistrates' court, or

(b)a fines officer.”

(2)This section applies in relation to any attachment of earnings order, whether made before or after the commencement of this section.

(3)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in section 15B(10)(b) of the Attachment of Earnings Act 1971 (c. 32) to 12 months is to be read as a reference to 6 months.

(a)a debtor is required to pay a sum of money in instalments under a judgment or order of the High Court or [F57the county court] (an “instalments order”), and

(b)a charge has been imposed by a charging order in respect of that sum.

(4B)In subsections (4C) to (4E) references to the enforcement of a charge are to the making of an order for the enforcement of the charge.

(4C)The charge may not be enforced unless there has been default in payment of an instalment under the instalments order.

(4D)Rules of court may—

(a)provide that, if there has been default in payment of an instalment, the charge may be enforced only in prescribed cases, and

(b)limit the amounts for which, and the times at which, the charge may be enforced.

(4E)Except so far as otherwise provided by rules of court under subsection (4D)—

(a)the charge may be enforced, if there has been default in payment of an instalment, for the whole of the sum of money secured by the charge and the costs then remaining unpaid, or for such part as the court may order, but

(b)the charge may not be enforced unless, at the time of enforcement, the whole or part of an instalment which has become due under the instalments order remains unpaid.”

(4)In section 6(2) (meaning of references to judgment or order of High Court or county court), for “section 1” substitute “ sections 1 and 3 ”.

(6)This section does not apply in a case where a judgment or order of the High Court or [F58the county court] under which a debtor is required to pay a sum of money by instalments was made, or applied for, before the coming into force of this section.

94Charging orders: power to set financial thresholdsE+W

In the Charging Orders Act 1979 (c. 53), after section 3 there is inserted—

“3APower to set financial thresholds

(1)The Lord Chancellor may by regulations provide that a charge may not be imposed by a charging order for securing the payment of money of an amount below that determined in accordance with the regulations.

(2)The Lord Chancellor may by regulations provide that a charge imposed by a charging order may not be enforced by way of order for sale to recover money of an amount below that determined in accordance with the regulations.

(3)Regulations under this section may—

(a)make different provision for different cases;

(b)include such transitional provision as the Lord Chancellor thinks fit.

(4)The power to make regulations under this section is exercisable by statutory instrument.

(5)The Lord Chancellor may not make the first regulations under subsection (1) or (2) unless (in each case) a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(6)A statutory instrument containing any subsequent regulations under those subsections is subject to annulment in pursuance of a resolution of either House of Parliament.”

Information requests and ordersE+W

95Application for information about action to recover judgment debtE+W

(1)A person who is the creditor in relation to a judgment debt may apply to the High Court [F59, the family court] or [F60the county court] for information about what kind of action it would be appropriate to take in court to recover that particular debt.

(2)An application under subsection (1) must comply with any provision made in regulations about the making of such applications.

96Action by the courtE+W

(1)This section applies if the creditor in relation to a judgment debt makes an application for information under section 95.

(2)The relevant court may make one or more of the following in relation to the debtor—

(a)a departmental information request;

(b)an information order.

(3)The relevant court may exercise its powers under subsection (2) only if it is satisfied that to do so will help it to deal with the creditor's application.

(4)Before exercising its powers under subsection (2), the relevant court must give notice to the debtor that the court intends to make a request or order.

(5)The relevant court may not make a departmental information request to the Commissioners unless regulations are in force that have been made under section 102(4) and (7) and relate to the use or disclosure of debtor information disclosed by the Commissioners.

(6)The relevant court may disclose such information (including information identifying the debtor) as it considers necessary to assist the recipient of a request or order to comply with the request or order.

(7)A disclosure under subsection (6) is not to be taken to breach any restriction on the disclosure of information (however imposed).

(8)Nothing in this section is to be taken to prejudice any power that exists apart from this section to request or order the disclosure of information.

97Departmental information requestsE+W

(1)A departmental information request is a request for the disclosure of information held by, or on behalf of, a government department.

(2)The request is to be made to the Minister of the Crown, or other person, who is in charge of the department.

(3)In the case of a request made to the designated Secretary of State, the disclosure of some or all of the following information may be requested—

(a)the full name of the debtor;

(b)the address of the debtor;

(c)the date of birth of the debtor;

(d)the national insurance number of the debtor;

(e)prescribed information.

(4)In the case of a request made to the Commissioners, the disclosure of some or all of the following information may be requested—

(a)whether or not the debtor is employed;

(b)the name and address of the employer (if the debtor is employed);

(c)the national insurance number of the debtor;

(d)prescribed information.

(5)In the case of any other request, the disclosure of prescribed information may be requested.

(6)In this section—

“designated Secretary of State” means the Secretary of State designated for the purpose of this section by regulations;

“government department” does not include the following—

(a)

any part of the Scottish Administration;

(b)

a Northern Ireland department;

(c)

the Welsh Assembly Government or any member of staff appointed under section 52 of the Government of Wales Act 2006 (c. 32);

“prescribed information”, in relation to a departmental information request, means information that falls within the category or categories of information (if any) prescribed by regulations in relation to the department to which the request relates.

(4)Regulations may, in particular, be made under this section so as to ensure that—

(a)an information order made against a particular person, or a person of a particular description, may order that person to disclose only particular information, or information of a particular description;

(b)an information order that orders the disclosure of particular information, or information of a particular description, may only be made against a particular person, or a person of a particular description.

(5)Regulations under this section must not make provision that would allow the relevant court to order—

(a)the disclosure of information by the debtor, or

(b)the disclosure of information held by, or on behalf of, a government department.

99Responding to a departmental information requestE+W

(2)The recipient of the request may disclose to the relevant court any information (whether held by the department or on its behalf) that the recipient considers is necessary to comply with the request.

(3)A disclosure under subsection (2) is not to be taken to breach any restriction on the disclosure of information (however imposed).

(4)Nothing in this section is to be taken to prejudice any power that exists apart from this section to disclose information.

100Information order: required information not held etc.E+W

(1)An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the required information, if that failure is for one of the permitted reasons.

(2)These are the permitted reasons—

(a)the information provider does not hold the information;

(b)the information provider is unable to ascertain whether the information is held, because of the way in which the information order identifies the debtor;

(c)the disclosure of the information would involve the information discloser in unreasonable effort or expense.

(3)It is to be presumed that a failure to disclose required information is for a permitted reason if—

(a)the information discloser gives the relevant court a certificate that complies with subsection (4), and

(b)there is no evidence that the failure is not for a permitted reason.

(4)The certificate must state—

(a)which of the required information is not being disclosed;

(b)what the permitted reason is, or permitted reasons are, for the failure to disclose that information.

(5)Any reference in this section to the information discloser holding, or not holding, information includes a reference to the information being held, or not being held, on the information discloser's behalf.

101Using the information about the debtorE+W

(1)This section applies if—

(a)the creditor in relation to a judgment debt makes an application for information under section 95, and

(b)information (“debtor information”) is disclosed to the relevant court in compliance with a request or order made under section 96.

(2)The relevant court may use the debtor information for the purpose of making another request or order under section 96 in relation to the debtor.

(3)The relevant court may use the debtor information for the purpose of providing the creditor with information about what kind of action (if any) it would be appropriate to take in court (whether the relevant court or another court) to recover the judgment debt.

(4)If the creditor takes any action in the relevant court to recover the judgment debt, the relevant court may use the debtor information in carrying out functions in relation to that action.

(5)If the creditor takes any action in another court to recover the judgment debt—

(a)the relevant court may disclose the debtor information to the other court, and

(b)the other court may use that information in carrying out functions in relation to that action.

(6)Debtor information may be used or disclosed under any of subsections (3) to (5) only if—

(a)regulations about such use or disclosure of information are in force, and

(b)the use or disclosure complies with those regulations.

(7)In addition, if the debtor information was disclosed by the Commissioners, the information may be used or disclosed under any of subsections (3) to (5) only with the consent of the Commissioners.

(8)Consent for the purposes of subsection (7) may be given—

(a)in relation to particular use or a particular disclosure, or

(b)in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.

(9)The use or disclosure of information in accordance with this section is not to be taken to breach any restriction on the use or disclosure of information (however imposed).

(10)Nothing in this section is to be taken to prejudice any power that exists apart from this section to use or disclose information.

102Offence of unauthorised use or disclosureE+W

(1)This section applies if—

(a)an application is made under section 95 in relation to recovery of a judgment debt (“the relevant judgment debt”),

(b)a departmental information request or an information order is made in consequence of that application, and

(c)information (“debtor information”) is disclosed in accordance with the request or order.

(2)A person to whom the debtor information is disclosed commits an offence if he—

(a)uses or discloses the debtor information, and

(b)the use or disclosure is not authorised by any of subsections (3) to (6).

(3)The use or disclosure of the debtor information is authorised if it is in accordance with section 101.

(4)The use or disclosure of the debtor information is authorised if it is—

(a)in accordance with an enactment or order of court, or

(b)for the purposes of any proceedings before a court,

and it is in accordance with regulations.

(5)The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

(6)The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (7).

(7)Regulations may make provision about the circumstances, if any, in which rules of court may allow access to, or the supply of, information disclosed in accordance with a department information request or an information order.

(8)It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the use or disclosure was lawful.

(9)A person guilty of an offence under subsection (2) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both.

103RegulationsE+W

(1)It is for the Lord Chancellor to make information regulations.

(2)But the Lord Chancellor may make the following regulations only with the agreement of the Commissioners—

(a)regulations under section 97(4)(d);

(b)regulations under section 102(4) or (7) so far as the regulations relate to the use or disclosure of debtor information disclosed by the Commissioners.

(3)Information regulations are to be made by statutory instrument.

(4)A statutory instrument containing information regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5)But subsection (4) does not apply in the case of a statutory instrument that contains only—

(a)regulations under section 95, or

(b)regulations under section 97 which designate a Secretary of State for the purpose of that section.

(6)In such a case, the statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “information regulations” means regulations under any of sections 95 to 102.

104InterpretationE+W

(1)This section applies for the purposes of sections 95 to 103.

(2)In those provisions—

“Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“creditor”, in relation to a judgment debt, means—

(a)

the person to whom the debt is payable (whether directly or through [F61any court,] an officer of any court or another person);

(b)

where the debt is payable under an administration order (within the meaning of Part 6 of the County Courts Act 1984 (c. 28)), any one of the creditors scheduled to the order;

“debtor”, in relation to a judgment debt, means the person by whom the debt is payable;

“departmental information request” has the meaning given by section 97;

“information” means information held in any form;

“information discloser”, in relation to an information order, has the meaning given by section 98(1)(a);

“information order” has the meaning given by section 98;

“judgment debt” means either of the following—

(a)

a sum which is payable under a judgment or order enforceable by the High Court [F62, the family court] or [F63the county court];

(b)

a sum which, by virtue of an enactment, is recoverable as if it were payable under a judgment or order of the High Court [F62, the family court] or of [F63the county court] (including a sum which is so recoverable because a court so orders);

“required information”, in relation to an information order, has the meaning given by section 98(1)(b);

“relevant court”, in relation to an application under section 95, means the court to which the application is made.

(3)Any reference to information held on behalf of a government department, or on behalf of an information discloser, includes a reference to any information which—

(a)is held by a person who provides services to the department or to the information discloser, and

(b)is held by that person in connection with the provision of those services.

105Application and transitional provisionE+W

(1)Sections 95 to 104 apply in relation to any judgment debt, whether it became payable, or recoverable, before or after the commencement of those sections.

(2)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in section 102(9)(b) to 12 months is to be read as a reference to 6 months.

Scheduling debtsE+W

112CScheduling declared debts

(b)when the order is made, the debt is taken into account in calculating the total amount of the debtor's qualifying debts for the purposes of section 112B(6).

(2)If the declared debt is already due at the time the administration order is made, the F65... county court must schedule the debt to the order when the order is made.

(3)If the declared debt becomes due after the administration order is made, the F65... county court must schedule the debt to the order if the debtor, or the creditor under the debt, applies to the court for the debt to be scheduled.

(4)This section is subject to section 112AG(5).

112DScheduling new debts

(1)This section applies to a qualifying debt (“the new debt”) if the debt—

(a)arises after an administration order is made, and

(b)becomes due during the currency of the order.

(2)The F65... county court may schedule the new debt to the administration order if these conditions are met—

(a)the debtor, or the creditor under the new debt, applies to the court for the debt to be scheduled;

(b)the total amount of the debtor's qualifying debts (including the new debt) is less than, or the same as, the prescribed maximum.

Requirements imposed by orderE+W

112ERepayment requirement

(1)An administration order must, during the currency of the order, impose a repayment requirement on the debtor.

(2)A repayment requirement is a requirement for the debtor to repay the scheduled debts.

(3)The repayment requirement may provide for the debtor to repay a particular scheduled debt in full or to some other extent.

(4)The repayment requirement may provide for the debtor to repay different scheduled debts to different extents.

(5)In the case of a new debt scheduled to the order in accordance with section 112D, the repayment requirement may provide that no due repayment in respect of the new debt is to be made until the debtor has made all due repayments in respect of declared debts.

(6)The repayment requirement must provide that the due repayments are to be made by instalments.

(7)It is for the F65... county court to decide when the instalments are to be made.

(8)But the F65... county court is to determine the amount of the instalments in accordance with repayment regulations.

(9)Repayment regulations are regulations which make provision for instalments to be determined by reference to the debtor's surplus income.

(10)The repayment requirement may provide that the due repayments are to be made by other means (including by one or more lump sums) in addition to the instalments required in accordance with subsection (6).

(11)The repayment requirement may include provision in addition to any that is required or permitted by this section.

(12)In this section—

“declared debt” has the same meaning as in section 112C (and for this purpose it does not matter whether a declared debt is scheduled to the administration order when it is made, or afterwards);

“due repayments” means repayments which the repayment requirement requires the debtor to make;

“new debt” has the same meaning as in section 112D.

112FPresentation of bankruptcy petition

(1)An administration order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless the creditor has the permission of the F65... county court.

(3)The F65... county court may give permission for the purposes of subsection (2) subject to such conditions as it thinks fit.

112GRemedies other than bankruptcy

(1)An administration order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no qualifying creditor of the debtor is to pursue any remedy for the recovery of a qualifying debt unless—

(3)Regulations may specify classes of debt which are exempted (or exempted for specified purposes) from the restriction imposed by subsection (2).

(4)The F65... county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

(5)This section does not have any effect in relation to bankruptcy proceedings.

112HCharging of interest etc

(1)An administration order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no creditor under a scheduled debt is to charge any sum by way of interest, fee or other charge in respect of that debt.

112IStopping supplies of gas or electricity

(1)An administration order must, during the currency of the order, impose the requirement in subsection (3).

(2)In relation to that requirement, a domestic utility creditor is any person who—

(a)provides the debtor with a supply of mains gas or mains electricity for the debtor's own domestic purposes, and

(b)is a creditor under a qualifying debt that relates to the provision of that supply.

(3)The requirement is that no domestic utility creditor is to stop the supply of gas or electricity, or the supply of any associated services, except in the cases in subsections (4) to (6).

(4)The first case is where the reason for stopping a supply relates to the non-payment by the debtor of charges incurred in connection with that supply after the making of the administration order.

(5)The second case is where the reason for stopping a supply is unconnected with the non-payment by the debtor of any charges incurred in connection with—

(a)that supply, or

(b)any other supply of mains gas or mains electricity, or of associated services, that is provided by the domestic utility creditor.

(6)The third case is where the F65... county court gives permission to stop a supply.

(7)The F65... county court may give permission for the purposes of subsection (6) subject to such conditions as it thinks fit.

(8)A supply of mains gas is a supply of the kind mentioned in section 5(1)(b) of the Gas Act 1986.

(9)A supply of mains electricity is a supply of the kind mentioned in section 4(1)(c) of the Electricity Act 1989.

Making an orderE+W

112JApplication for an order

(1)[F64The county court] may make an administration order only on the application of the debtor.

(2)The debtor may make an application for an administration order whether or not a judgment has been obtained against him in respect of any of his debts.

112KDuration

(1)[F64The county court] may, at the time it makes an administration order, specify a day on which the order will cease to have effect.

(2)The court may not specify a day which falls after the last day of the maximum permitted period.

(3)If the court specifies a day under this section, the order ceases to have effect on that day.

(4)If the court does not specify a day under this section, the order ceases to have effect at the end of the maximum permitted period.

(5)The maximum permitted period is the period of five years beginning with the day on which the order is made.

(6)This section is subject to—

(a)section 112S (variation of duration);

(b)section 112W (effect of revocation).

(7)This section is also subject to the following (effect of enforcement restriction order or debt relief order on administration order)—

(a)section 117I of this Act;

(b)section 251F of the Insolvency Act 1986.

Effects of orderE+W

112LEffect on other debt management arrangements

(1)This section applies if—

(a)an administration order is made, and

(b)immediately before the order is made, other debt management arrangements are in force in respect of the debtor.

(2)The other debt management arrangements cease to be in force when the administration order is made.

(3)If the F65... county court is aware of the other debt management arrangements, the court must give the relevant authority notice that the order has been made.

(4)In a case where the F65... county court is aware of other debt management arrangements at the time it makes the order, it must give the notice as soon as practicable after making the order.

(5)In a case where the F65... county court becomes aware of those arrangements after it makes the order, it must give the notice as soon as practicable after becoming aware of them.

(6)“Other debt management arrangements” means any of the following—

(a)an enforcement restriction order under Part 6A of this Act;

(b)a debt relief order under Part 7A of the Insolvency Act 1986;

(c)a debt repayment plan arranged in accordance with a debt management scheme that is approved under Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007.

(7)“The relevant authority” means—

(a)in relation to an enforcement restriction order: the F65... county court F66...;

(b)in relation to a debt relief order: the official receiver;

(c)in relation to a debt repayment plan: the operator of the debt management scheme in accordance with which the plan is arranged.

(8)For the purposes of this section a debt relief order is “in force” if the moratorium applicable to the order under section 251H of the Insolvency Act 1986 has not yet ended.

112MDuty to provide information

(1)This section applies if, and for as long as, an administration order has effect in respect of a debtor.

(2)The debtor must, at the prescribed times, provide the F65... county court with particulars of his—

(a)earnings,

(b)income,

(c)assets, and

(d)outgoings.

(3)The debtor must provide particulars of those matters—

(a)as the matters are at the time the particulars are provided, and

(b)as the debtor expects the matters to be at such times in the future as are prescribed.

(4)If the debtor intends to dispose of any of his property he must, within the prescribed period, provide the F65... county court with particulars of the following matters—

(a)the property he intends to dispose of;

(b)the consideration (if any) he expects will be given for the disposal;

(c)such other matters as may be prescribed;

(d)such other matters as the court may specify.

(5)But subsection (4) does not apply if the disposal is of—

(a)goods that are exempt goods for the purposes of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,

(b)goods that are protected under any other enactment from being taken control of under that Schedule, or

(c)prescribed property.

(6)The duty under subsection (4) to provide the F65... county court with particulars of a proposed disposal of property applies whether the debtor is the sole owner, or one of several owners, of the property.

(7)In any provision of this section “prescribed” means prescribed in regulations for the purposes of that provision.

112NOffence if information not provided

(1)A person commits an offence if he fails to comply with—

(a)section 112M(2) and (3), or

(b)section 112M(4).

(2)A person who commits an offence under subsection (1) may be ordered by a judge of the F65... county court to pay a fine of not more than £250 or to be imprisoned for not more than 14 days.

(3)Where under subsection (2) a person is ordered to be imprisoned by a judge of the F65... county court, [F67a judge of the county court] may at any time—

(a)revoke the order, and

(b)if the person is already in custody, order his discharge.

(4)Section 129 of this Act (enforcement of fines) applies to payment of a fine imposed under subsection (2).

(5)For the purposes of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), subsection (2) is to be treated as an enactment enabling a county court to deal with an offence under subsection (1) as if it were a contempt of court.

112OExisting county court proceedings to be stayed

(b)proceedings in [F69the county court] (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;

(c)by virtue of a requirement included in the order by virtue of section 112G, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;

(d)the county court receives notice of the administration order.

(2)The county court must stay the proceedings.

(3)The court may allow costs already incurred by the creditor.

(4)If the court allows such costs, it may on application or of its motion add them—

(a)to the debt, or

(b)if the debt is a scheduled debt, to the amount scheduled to the order in respect of the debt.

(5)But the court may not add the costs under subsection (4)(b) if the court is under a duty under section 112U(6)(b) to revoke the order because the total amount of the debtor's qualifying debts (including the costs) is more than the prescribed maximum.

112PAppropriation of money paid

(1)Money paid into court under an administration order is to be appropriated—

(a)first in satisfaction of any relevant court fees, and

(b)then in liquidation of debts.

(2)Relevant court fees are any fees under an order made under section 92 of the Courts Act 2003 which are payable by the debtor in respect of the administration order.

112QDischarge from debts

(1)If the debtor repays a scheduled debt to the extent provided for by the administration order, the F65... county court must—

(a)order that the debtor is discharged from the debt, and

(b)de-schedule the debt.

(2)If the debtor repays all of the scheduled debts to the extent provided for by the administration order, the F65... county court must revoke the order.

(3)Subsections (1) and (2) apply to all scheduled debts, including any which, under the administration order, are to be repaid other than to their full extent.

112SVariation of duration

(1)The power under section 112R includes power to vary an administration order so as to specify a day, or (if a day has already been specified under section 112K or this subsection) a different day, on which the order will cease to have effect.

(2)But the new termination day must fall on or before the last day of the maximum permitted period.

(3)If the F65... county court varies an administration under subsection (1), the order ceases to have effect on the new termination day.

(4)In this section—

(a)“new termination day” means the day on which the order will cease to have effect in accordance with the variation under subsection (1);

(b)“maximum permitted period” means the period of five years beginning with the day on which the order was originally made.

(5)This section is subject to section 112W (effect of revocation).

112TDe-scheduling debts

(1)The power under section 112R includes power to vary an administration order by de-scheduling a debt.

(2)But the debt may be de-scheduled only if it appears to the F65... county court that it is just and equitable to do so.

RevocationE+W

112UDuty to revoke order

(1)The F65... county court must revoke an administration order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in subsection 112B(2) was not met (debtor in fact did not have two or more qualifying debts);

(b)where the debtor is no longer a debtor under any qualifying debts.

(2)The F65... county court must revoke an administration order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in subsection 112B(3) was not met (debtor in fact had business debt), and he is still a debtor under the business debt, or any of the business debts, in question;

(b)where the debtor subsequently becomes a debtor under a business debt, and he is still a debtor under that debt.

(3)The F65... county court must revoke an administration order where it becomes apparent that, at the time the order was made, the condition in section 112B(4) was not met (debtor in fact excluded under AO, voluntary arrangement or bankruptcy exclusion).

(4)The F65... county court must revoke an administration order where, after the order is made—

(a)the debtor becomes excluded under the voluntary arrangement exclusion, or

(b)a bankruptcy order is made against the debtor, and is still in force.

(5)The F65... county court must revoke an administration order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 112B(5) was not met (debtor in fact able to pay qualifying debts);

(b)where the debtor is now able to pay all of his qualifying debts.

(6)The F65... county court must revoke an administration order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 112B(6) was not met (debtor's qualifying debts in fact more than prescribed maximum);

(b)where the total amount of the debtor's qualifying debts is now more than the prescribed maximum.

(7)The F65... county court must revoke an administration order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 112B(7) was not met (debtor's surplus income in fact less than, or the same as, the prescribed minimum);

(b)where the debtor's surplus income is now less than, or the same as, the prescribed minimum.

112VPower to revoke order

(1)The F65... county court may revoke an administration order in any case where there is no duty under this Part to revoke it.

(2)The power of revocation under this section may, in particular, be exercised in any of the following cases—

(a)where the debtor has failed to make two payments (whether consecutive or not) required by the order;

(b)where the debtor has failed to provide the F65... county court with the particulars required by—

(i)section 112M(2) and (3), or

(ii)section 112M(4).

(3)The power of revocation under this section is exercisable—

(a)on the application of the debtor;

(b)on the application of a qualifying creditor;

(c)of the court's own motion.

112WEffect of revocation

(1)This section applies if, under any duty or power in this Part, the F65... county court revokes an administration order.

(2)The order ceases to have effect in accordance with the terms of the revocation.

Notification of certain eventsE+W

112XNotice when order made, varied, revoked etc

(1)If a notifiable event occurs in relation to an administration order, the F65... county court must send notice of the event to the creditor under every scheduled debt.

(2)There is a notifiable event in any of the following cases—

(a)when the administration order is made;

(b)when a debt is scheduled to the administration order at any time after the making of the order;

(c)when the administration order is varied;

(d)when the administration order is revoked;

(e)when the F65... county court is given notice under any of the provisions listed in section 112K(7) (effect of enforcement restriction order or debt relief order on administration order).

Total amount of qualifying debts not properly calculatedE+W

112YFailure to take account of all qualifying debts

(1)This section applies if—

(a)an administration order has been made, but

(b)it becomes apparent that the total amount of the debtor's qualifying debts was not properly calculated for the purposes of section 112B(6), because of an undeclared debt.

(2)A debt is undeclared if it ought to have been, but was not, taken into account in the calculation for the purposes of section 112B(6).

(3)If these conditions are met—

(a)the undeclared debt is due (whether it became due before or after the making of the order);

(b)the total debt is less than, or the same as, the prescribed maximum;

the F65... county court must schedule the undeclared debt to the order.

(4)If these conditions are met—

(a)the undeclared debt is not due;

(b)the total debt is less than, or the same as, the prescribed maximum;

the F65... county court must schedule the undeclared debt to the order when the debt becomes due.

(5)If the total debt is more than the prescribed maximum, the F65... county court must revoke the administration order (whether or not the undeclared debt is due).

(6)In this section “total debt” means the total amount of the debtor's qualifying debts (including the undeclared debt).

(7)Subsections (3) and (4) are subject to section 112AG(5).

InterpretationE+W

112ZIntroduction

Sections 112AA to 112AH apply for the purposes of this Part.

112AAMain definitions

(1)In this Part—

“administration order” has the meaning given by section 112A;

“debtor” has the meaning given by section 112B;

“prescribed maximum” means the amount prescribed in regulations for the purposes of section 112B(6);

“prescribed minimum” means the amount prescribed in regulations for the purposes of section 112B(7);

“qualifying creditor” means a creditor under a qualifying debt.

(2)References to the currency of an administration order are references to the period which—

107Enforcement restriction ordersE+W

“Part 6AE+WEnforcement Restriction Orders

Enforcement restriction ordersE+W

117AEnforcement restriction orders

(1)An enforcement restriction order is an order that imposes the requirements specified in sections 117C to 117E on certain creditors.

(2)An enforcement restriction order may also impose a requirement in accordance with section 117F on the debtor.

117BPower to make order

(1)[F71The county court] may make an enforcement restriction order if the conditions in subsections (2) to (8) are met.

(2)The order must be made in respect of an individual who is a debtor under two or more qualifying debts.

(3)That individual (“the debtor”) must not be a debtor under any business debts.

(4)The debtor must not be excluded under any of the following—

(a)the ERO exclusion;

(b)the voluntary arrangement exclusion;

(c)the bankruptcy exclusion.

(5)The debtor must be unable to pay one or more of his qualifying debts.

(6)The debtor must be suffering from a sudden and unforeseen deterioration in his financial circumstances.

(7)There must be a realistic prospect that the debtor's financial circumstances will improve within the period of six months beginning when the order is made.

(8)It must be fair and equitable to make the order.

(9)Before making an enforcement restriction order, the county court must have regard to any representations made by any person about why the order should not be made.

(10)Subsection (9) is subject to Civil Procedure Rules.

Requirements imposed by orderE+W

117CPresentation of bankruptcy petition

(1)An enforcement restriction order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless the creditor has the permission of the F72... county court.

(3)The F72... county court may give permission for the purposes of subsection (2) subject to such conditions as it thinks fit.

117DRemedies other than bankruptcy

(1)An enforcement restriction order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no qualifying creditor of the debtor is to pursue any remedy for the recovery of a qualifying debt unless—

(3)Regulations may specify classes of debt which are exempted (or exempted for specified purposes) from any requirement imposed by subsection (2).

(4)The F72... county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

(5)This section does not have any effect in relation to bankruptcy proceedings.

117EStopping supplies of gas or electricity

(1)An enforcement restriction order must, during the currency of the order, impose the requirement in subsection (3).

(2)In relation to that requirement, a domestic utility creditor is any person who—

(a)provides the debtor with a supply of mains gas or mains electricity for the debtor's own domestic purposes, and

(b)is a creditor under a qualifying debt that relates to the provision of that supply.

(3)The requirement is that no domestic utility creditor is to stop the supply of gas or electricity, or the supply of any associated services, except in the cases in subsections (4) to (6).

(4)The first case is where the reason for stopping a supply relates to the non-payment by the debtor of charges incurred in connection with that supply after the making of the enforcement restriction order.

(5)The second case is where the reason for stopping a supply is unconnected with the non-payment by the debtor of any charges incurred in connection with—

(a)that supply, or

(b)any other supply of mains gas or mains electricity, or of associated services, that is provided by the domestic utility creditor.

(6)The third case is where the F72... county court gives permission to stop a supply.

(7)The F72... county court may give permission for the purposes of subsection (6) subject to such conditions as it thinks fit.

(8)A supply of mains gas is a supply of the kind mentioned in section 5(1)(b) of the Gas Act 1986.

(9)A supply of mains electricity is a supply of the kind mentioned in section 4(1)(c) of the Electricity Act 1989.

117FRepayment requirement

(1)An enforcement restriction order may impose a repayment requirement on the debtor.

(2)The county court may include the requirement in the order at the time it makes the order.

(3)The F72... county court may, at any time after an enforcement restriction order has been made, vary the order so as to include a repayment requirement.

(4)The F72... county court may, at any time when an enforcement restriction order includes a repayment requirement, vary the order so as to—

(a)remove the repayment requirement, or

(b)include a different repayment requirement.

(5)A repayment requirement is a requirement that the debtor make payments, in respect of one or more of his qualifying debts, to the person or persons to whom he owes the debt or debts.

(6)[F71The county court] may include a repayment requirement in an order only if—

(a)the debtor has surplus income at the time of the inclusion of the requirement, and

(b)the inclusion of the requirement would be fair and equitable.

(7)The debtor's surplus income is to be calculated in accordance with regulations.

(8)Regulations under subsection (7) must make the following provision—

(a)provision about what is surplus income;

(b)provision about the period by reference to which the debtor's surplus income is to be calculated.

(9)Regulations under subsection (7) may, in particular, provide for the debtor's assets to be taken account of for the purpose of calculating his surplus income.

(10)The F72... county court may vary an enforcement restriction order under this section—

(a)of its own motion;

(b)on the application of the debtor;

(c)on the application of a qualifying creditor.

Making an orderE+W

117GApplication for order

(1)[F71The county court] may make an enforcement restriction order only on the application of the debtor.

(2)The debtor may make an application for an enforcement restriction order whether or not a judgment has been obtained against him in respect of any of his debts.

117HDuration

(1)[F71The county court] may, at the time it makes an enforcement restriction order, specify a day on which the order will cease to have effect.

(2)The court may not specify a day which falls after the last day of the maximum permitted period.

(3)If the court specifies a day under this section, the order ceases to have effect on that day.

(4)If the court does not specify a day under this section, the order ceases to have effect at the end of the maximum permitted period.

(5)The maximum permitted period is the period of 12 months beginning with the day on which the order is made.

(6)This section is subject to—

(a)section 117N (variation of duration);

(b)section 117Q (effect of revocation);

(7)This section is also subject to the following (effect of administration order or debt relief order on enforcement restriction order)—

(a)section 112L of this Act;

(b)section 251F of the Insolvency Act 1986.

Effects of orderE+W

117IEffect on other debt management arrangements

(1)This section applies if—

(a)an enforcement restriction order is made, and

(b)immediately before the order is made, other debt management arrangements are in force in respect of the debtor.

(2)The other debt management arrangements cease to be in force when the enforcement restriction order is made.

(3)If the F72... county court is aware of the other debt management arrangements, the court must give the relevant authority notice that the order has been made.

(4)In a case where the F72... county court is aware of those arrangements at the time it makes the order, it must give the notice as soon as practicable after making the order.

(5)In a case where the F72... county court only becomes aware of those arrangements after it makes the order, it must give the notice as soon as practicable after becoming aware of them.

(6)“Other debt management arrangements” means any of the following—

(a)an administration order under Part 6 of this Act;

(b)a debt relief order under Part 7A of the Insolvency Act 1986;

(c)a debt repayment plan arranged in accordance with a debt management scheme that is approved under Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007.

(7)“The relevant authority” means—

(a)in relation to an administration order: the F72... county court F73...;

(b)in relation to a debt relief order: the official receiver;

(c)in relation to a debt repayment plan: the operator of the debt management scheme in accordance with which the plan is arranged.

(8)For the purposes of this section a debt relief order is “in force” if the moratorium applicable to the order under section 251H of the Insolvency Act 1986 has not yet ended.

117JDuty to provide information

(1)This section applies if, and for as long as, an enforcement restriction order has effect in respect of a debtor.

(2)The debtor must, at the prescribed times, provide the F72... county court with particulars of his—

(a)earnings,

(b)income,

(c)assets, and

(d)outgoings.

(3)The debtor must provide particulars of those matters—

(a)as the matters are at the time the particulars are provided, and

(b)as the debtor expects the matters to be at such times in the future as may be prescribed.

(4)If the debtor intends to dispose of any of his property he must, within the prescribed period, provide the F72... county court with particulars of the following matters—

(a)the property he intends to dispose of;

(b)the consideration (if any) he expects will be given for the disposal;

(c)such other matters as may be prescribed;

(d)such other matters as the court may specify.

(5)But subsection (4) does not apply if the disposal is of—

(a)goods that are exempt goods for the purposes of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,

(b)goods that are protected under any other enactment from being taken control of under that Schedule, or

(c)prescribed property.

(6)The duty under subsection (4) to provide the F72... county court with particulars of a proposed disposal of property applies whether the debtor is the sole owner, or one of several owners, of the property.

(7)In any provision of this section “prescribed” means prescribed in regulations for the purposes of that provision.

117KOffence if information not provided

(1)A person commits an offence if he fails to comply with—

(a)section 117J(2) and (3), or

(b)section 117J(4).

(2)A person who commits an offence under subsection (1) may be ordered by a judge of the F72... county court to pay a fine of not more than £250 or to be imprisoned for not more than 14 days.

(3)Where under subsection (2) a person is ordered to be imprisoned by a judge of the F72... county court, [F74a judge of the county court] may at any time—

(a)revoke the order, and

(b)if the person is already in custody, order his discharge.

(4)Section 129 of this Act (enforcement of fines) applies to payment of a fine imposed under subsection (2).

(5)For the purposes of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), subsection (2) is to be treated as an enactment enabling [F75the county court] to deal with an offence under subsection (1) as if it were a contempt of court.

117LExisting county court proceedings to be stayed

(b)proceedings in [F75the county court] (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;

(c)by virtue of a requirement included in the order by virtue of section 117D, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;

(d)the county court receives notice of the enforcement restriction order.

(2)The county court must stay the proceedings.

(3)The county court—

(a)may allow costs already incurred by the creditor, and

(b)if the court allows such costs, may on application or of its own motion add them to the debt owed to the creditor.

117MCharges

(1)This section applies during, and after, the currency of an enforcement restriction order.

(2)A qualifying creditor may not make any charge in respect of a protected qualifying debt, unless the charge—

(a)is interest, or

(b)is not interest but relates to a time before or after the currency of the order.

(3)A charge made in breach of subsection (2) is not recoverable.

(4)In subsection (2) “protected qualifying debt” means any qualifying debt under which the debtor was a debtor at some time during the currency of the enforcement restriction order.

Variation of durationE+W

117NVariation of duration

(1)The F72... county court may vary an enforcement restriction order so as to specify a day, or (if a day has already been specified under section 117H or this section) a different day, on which the order will cease to have effect.

(2)But the new termination day must fall on or before the last day of the maximum permitted period.

(3)If the F72... county court varies an enforcement restriction order under subsection (1), the order ceases to have effect on the new termination day.

(4)The power under this section is exercisable—

(a)on the application of the debtor;

(b)on the application of a qualifying creditor;

(c)of the court's own motion.

(5)In this section—

(a)“new termination day” means the day on which the order will cease to have effect in accordance with the variation under subsection (1);

(b)“maximum permitted period” means the period of 12 months beginning with the day on which the order was originally made.

(6)This section is subject to section 117Q (effect of revocation).

Revocation of orderE+W

117ODuty to revoke order

(1)The F72... county court must revoke an enforcement restriction order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in subsection 117B(2) was not met (debtor in fact did not have two or more qualifying debts);

(b)where the debtor is no longer a debtor under any qualifying debts.

(2)The F72... county court must revoke an enforcement restriction order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in subsection 117B(3) was not met (debtor in fact had business debt), and he is still a debtor under the business debt, or any of the business debts, in question;

(b)where the debtor subsequently becomes a debtor under a business debt, and he is still a debtor under that debt.

(3)The F72... county court must revoke an enforcement restriction order where it becomes apparent that, at the time the order was made, the condition in section 117B(4) was not met (debtor in fact excluded under ERO, voluntary arrangement or bankruptcy exclusion).

(4)The F72... county court must revoke an enforcement restriction order where, after the order is made—

(a)the debtor becomes excluded under the voluntary arrangement exclusion, or

(b)a bankruptcy order is made against the debtor, and is still in force.

(5)The F72... county court must revoke an enforcement restriction order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 117B(5) was not met (debtor in fact able to pay qualifying debts);

(b)where the debtor is now able to pay all of his qualifying debts.

(6)The F72... county court must revoke an enforcement restriction order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 117B(6) was not met (debtor in fact not suffering from sudden and unforeseen deterioration in financial circumstances);

(b)where the debtor is no longer suffering from the deterioration in financial circumstances which was taken into account for the purposes of section 117B(6) (even if he is suffering from some other sudden and unforeseen deterioration in his financial circumstances).

(7)The F72... county court must revoke an enforcement restriction order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 117B(7) was not met (in fact no realistic prospect of improvement in debtor's financial circumstances);

(b)where there is no longer a realistic prospect that the debtor's financial circumstances will improve during the period within which the order would continue to have effect (if not revoked).

(8)The F72... county court must revoke an enforcement restriction order in either of these cases—

(a)where it becomes apparent that, at the time the order was made, the condition in section 117B(8) was not met (not in fact fair and equitable to make order);

(b)where it is not fair and equitable for the order to continue to have effect.

117PPower to revoke order

(1)The F72... county court may revoke an enforcement restriction order in any case where there is no duty under this Part to revoke it.

(2)The power of revocation under this section may, in particular, be exercised in any of the following cases—

(a)where the order includes, or has previously included, a repayment requirement, and the debtor has failed to comply with that requirement;

(b)where the debtor has failed to provide the F72... county court with the particulars required by—

(i)section 117J(2) and (3), or

(ii)section 117J(4).

(3)The power of revocation under this section is exercisable—

(a)on the application of the debtor;

(b)on the application of a qualifying creditor;

(c)of the court's own motion.

117QEffect of revocation

(1)This section applies if, under any duty or power in this Part, the F72... county court revokes an enforcement restriction order.

(2)The order ceases to have effect in accordance with the terms of the revocation.

Notification of certain eventsE+W

117RNotice when order made, varied, revoked etc.

(1)If a notifiable event occurs in relation to an enforcement restriction order, the F72... county court must give notice of the event to every identified qualifying creditor of the debtor.

(2)There is a notifiable event in any of the following cases—

(a)when the enforcement restriction order is made;

(b)when the enforcement restriction order is varied;

(c)when the enforcement restriction order is revoked;

(d)when the F72... county court is given notice under any of the provisions listed in section 117H(7) (effect of administration order or debt relief order on enforcement restriction order).

(3)A person is an identified qualifying creditor of the debtor if—

(a)the debtor has notified the F72... county courtF77...F77...F77...that the person is a qualifying creditor, or

(b)the F72... county court is satisfied that the person is a qualifying creditor.

InterpretationE+W

117SIntroduction

Sections 117T to 117W apply for the purposes of this Part.

117TMain definitions

(1)In this Part—

“enforcement restriction order” has the meaning given by section 117A;

“debtor” has the meaning given by section 117B;

“qualifying creditor” means a creditor under a qualifying debt.

(2)References to the currency of an enforcement restriction order are references to the period which—

117UExpressions relating to debts

(2)A business debt is any debt (whether or not a qualifying debt) which is incurred by a person in the course of a business.

(3)Only debts that have already arisen are included in references to debts; and accordingly such references do not include any debt that will arise only on the happening of some future contingency.

117VInability to pay debts

(1)In a case where an individual is the debtor under a debt that is repayable by a single payment, the debtor is to be regarded as unable to pay the debt only if—

(a)the time for making the payment has been reached,

(b)the debtor has failed to make the single payment, and

(c)the debtor is unable to make that payment.

(2)In a case where an individual is the debtor under a debt that is repayable by a number of payments, the debtor is to be regarded as unable to pay the debt only if—

(a)the time for making the first of the payments has been reached,

(b)the debtor has failed to make one or more of the payments, and

(c)the debtor is unable to make all of the missed payments.

117WThe ERO, voluntary arrangement and bankruptcy exclusions

(1)The debtor is excluded under the ERO exclusion if—

(a)an enforcement restriction order currently has effect in respect of him, or

(b)an enforcement restriction order has previously had effect in respect of him, and the period of 12 months — beginning with the day when that order ceased to have effect — has yet to finish.

(2)But in a case that falls within subsection (1)(b), the debtor is not excluded under the ERO exclusion if the previous enforcement restriction order—

(a)ceased to have effect in accordance with any of the provisions listed in section 117H(7) (effect of administration order or debt relief order on enforcement restriction order), or

(b)was revoked in accordance with section 117O(1)(b) (debtor no longer has any qualifying debts).

(3)The debtor is excluded under the voluntary arrangement exclusion if—

(a)an interim order under section 252 of the Insolvency Act 1986 has effect in respect of him (interim order where debtor intends to make proposal for voluntary arrangement), or

(b)he is bound by a voluntary arrangement approved under Part 8 of the Insolvency Act 1986.

(4)The debtor is excluded under the bankruptcy exclusion if—

(a)a petition for a bankruptcy order to be made against him has been presented but not decided, or

(b)he is an undischarged bankrupt.

RegulationsE+W

117XPower to make regulations

(1)It is for the Lord Chancellor to make regulations under this Part.

(2)Any power to make regulations under this Part is exercisable by statutory instrument.

(3)A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)In Schedule 6A to the Magistrates' Courts Act 1980 (c. 43) (fines that may be altered under section 143 of the 1980 Act) insert the following entry at the appropriate place in the entries relating to the County Courts Act 1984 (c. 28)—